Employment Discrimination on the Basis of Your Marital Status

State and federal employment discrimination laws prohibit employers from discriminating against job applicants or employees on the basis of protected characteristics, which are typically understood as immutable characteristics such as race, national origin, sex, age, and disability. Yet the Florida Civil Rights Act (FCRA) also provides protection against discrimination because of marital status. What does this protection entail, and how can a job applicant or employee identify discriminatory behavior or actions on the basis of marital status? Our South Florida employment discrimination lawyers can explain in more detail below, and we can speak with you today to answer any questions you have about filing an employment discrimination claim in the Palm Beach Gardens area.

What is Marital Status Discrimination?

Section 760.10 of the Florida Statutes, which provides a protection against employment discrimination on the basis of marital status, does not define “marital status.” The Florida Supreme Court defined the terms more than 25 years ago in the case Donato v. Am. Tel. & Tel. Co. (2000). In that case, the court said that it holds the term “marital status” as it is used in the FCRA to mean:

“[T]he state of being married, single, divorced, widowed or separated, and does not include the specific identity or actions of an individual’s spouse.”

The court explained further that a person does not have a cause of action for marital status discrimination “where the basis of the claim rests on . . . actions by the employee’s spouse.”

Application the FCRA’s Prohibition Against Marital Status Discrimination

What does marital status discrimination look like in practice? Unlawful discrimination on the basis of marital status would involve treating a job applicant or an employee in an adverse manner because of their marital status — that is, because they are married or single, for example.

As such, it would be unlawful to refuse to hire a job applicant because they are divorced, for example. Likewise, it would be unlawful to terminate an employee because they got married, or to deny certain benefits to an employee because they got married. It is the status of being married, single, divorced, widowed or separated — rather than about the identity or actions of a particular spouse or ex — and treatment on the basis of that status that can give rise to a marital status discrimination claim under the FCRA.

The FCRA covers employees who work for employers with 15 or more employees. To find out if you are eligible to file a claim, you should get in touch with a lawyer who can discuss your case with you, including employer details and FCRA coverage.

Contact a Palm Beach Gardens Employment Discrimination Attorney for Help with Your Claim

Have you faced marital status discrimination as a job applicant or employee? If you have reason to suspect that you have experienced unlawful discrimination, it is important to seek legal advice about your experience. One of the experienced Palm Beach Gardens employment discrimination attorneys at Sconzo Law Office can learn more about your case today and can discuss your options for moving forward with a claim. Contact our firm to find out more about how we can assist you.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0760/Sections/0760.01.html

caselaw.findlaw.com/court/fl-supreme-court/1366079.html