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Employment Discrimination Based on Marital Status

By Gregory Thyberg on November 29, 2018


Book of employment lawEmployment law is intended to protect a worker’s rights to a safe and fair workplace. A significant area of employment law is directly related to anti-discrimination.

Federally, employment laws prohibit workplace discrimination on the basis of race, color, religion, sex, or national origin. Each state has the right to establish local laws that offer further protections.

In California, laws also prohibit employment discrimination based on marital status. If you believe that you have faced discrimination at work because of your marital status, contact Sacramento, CA employment law attorney Gregory Thyberg.

Types of Marital Status Discrimination

Although it is illegal for an employer to discriminate against a worker based on his or her marital status, it doesn’t mean that it never happens.

Unfortunately, some employers make employment decisions based on whether a person is married, single, divorced, or widowed. Sometimes employment decisions are made based on who a person is married to.

Some examples of marital status discrimination in the workplace include:

  • Refusing to hire a job applicant because of his or her marital status
  • Denying an employee a promotion or other training opportunities because of his or her marital status
  • Firing or demoting an employee because of his or her marital status
  • Making decisions regarding compensation, benefits, or other privileges of employment based on marital status
  • Discriminating against or harassing an employee for being in a same-sex or biracial marriage or relationship

Proving Marital Status Discrimination

Even though many employers fail to adhere to employment anti-discrimination laws regarding marital status, it can be difficult to show proof of this in court.

Fortunately, experienced employment law attorneys, such as Gregory Thyberg, know what type of evidence can be used to show that employment discrimination occurred based on marital status. Mr. Thyberg will use records such as employment history, workplace reviews, and workplace emails and correspondence, as well as witness testimony, to build a case that shows a worker was treated differently because of his or her marital status.

Employment Discrimination Damages

If an employee chooses to file an anti-discrimination lawsuit, Mr. Thyberg will fight to obtain maximum compensation. Areas of compensation will depend on the details of each case and the extent of damages that an employee endured.

Potential areas of compensation in an employment discrimination case include:

  • Back pay (including interest)
  • Front pay
  • Higher salary
  • Bonus payments
  • Benefits
  • Pain and suffering
  • Emotional distress

If an employee was fired based on marital status, the employer may also be forced to offer a reinstatement. However, many choose not to return to a company that has discriminated against them.

Contact Our Legal Practice

If you believe that you have faced employment discrimination based on your marital status, you owe it to yourself to have your case examined by an experienced employment law attorney. Contact us at your earliest convenience to discuss the details of your case with Gregory Thyberg. Call (916) 204-9173 to set up a personal consultation.

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