Marital Discrimination

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An employee is protected by the law from discrimination via his or her marital status. It is a violation of state and federal laws to discriminate against a person just because of his or her marital status. This covers all types of couples, whether that person is engaged to the opposite sex or to the same sex. Discriminating another person because he or she is either single, married, widowed or divorced is also covered by the law.

As a job application interview is something that should assess a person worth in doing a job they are expected to handle, asking a person's worth and capability is normal. However asking off-topic questions like plans for marriage, having a family, opinion on pregnancy and such is a violation of the law and can be used against the employer. This is information considered insignificant for job performance assessment.

The reason why marital status discrimination is avoided most often is because not only does it impede good working conditions inside the office but also because it leads to other types of discrimination like sexual orientation discrimination for same sex couples and pregnancy discrimination for pregnant mothers, as well as other types of cases. Marital status has little to do with a person's effectiveness in a job. Unless it really affects a person's family, questions like these usually remain ignored or unanswered.

Segregation of work due to marital status should be avoided inside the company. Having single workers doing extra hard work or married people gaining more benefits count for discrimination. The differences of benefits received by single workers, married people, those in a live-in relationship can also count for marital discrimination, even though there is not a single reason good enough to justify it.

The position of the law when it comes to marital status discrimination is not as clearly covered with the ruling of Title VII of the Civil Rights Act of 1964. However, the special provisions around the CRA states enough reasoning that any form of discrimination, mentioned or not, should be avoided.

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