Marital Status Discrimination and Harassment
Dealing with Marital Status Discrimination and Harassment
Marital status discrimination and harassment in the workplace occur when an employee is treated unfavorably by the employer, supervisor, co-workers or clients because he or she is single, married, divorced, or engaged in same-sex marital relations. Discrimination and harassment on the ground of a person's marital status are prohibited under most state laws. This concerns all employment issues including the hiring process. A job applicant cannot be refused a job because of their marital status. During a job interview the employer should not ask any direct or indirect questions related to the applicant's marital status, otherwise they would be violating the New York State law which may lead to a lawsuit.
Marital status discrimination and harassment often take place together with other forms of discrimination and harassment based on a person's sex, pregnancy, or parental status. However the law requires equal treatment of all employees in terms of promotions, working schedules, wages and benefits irrespective of their race, religious beliefs, national origin and sex. This is provided by Title VII of the Civil Rights Act of 1964. Although it doesn't cover marital status issues, federal employees and job applicants are protected from marital status discrimination and Marital Status Discrimination and Harassment by the Civil Service Reform Act of 1978 (CSRA). This act outlaws any direct or indirect discrimination against employees on the grounds of their race, color, religious and political beliefs, national origin, marital status, sex, sexual orientation, and disability. Some state laws also provide for additional protection.
Sometimes people are discriminated against because of whom their marital partner is. A person may be refused a job, promotion or a benefit for the reason that his partner already works or has just started working for the same employer.
Marital status harassment is any unwelcome offensive conduct based on a person's marital status and violating his or her dignity in a way that leads to a creation of hostile or intimidating work environment. Harassment on the basis of marital status may equal to degrading jokes or comments related to a person's marital status and interfering with his or her work performance.
Marital status discrimination and harassment can occur not only in employment, but also in other spheres of life from getting a bank account to applying for college or university education. People can also be harassed or discriminated against because of the marital status of an associated person.
Unlike most forms of discrimination and harassment such as those based on sex, disability, age, race, and national origin, marital status discrimination and Marital Status Discrimination and Harassment cases are out of the Equal Employment Opportunity Commission's jurisdiction. The prohibition of marital status discrimination and harassment of federal employees falls under the CSRA which is enforced by the Merit Systems Protection Board (MSPB) and the U.S. Office of Special Council (OSC). Therefore, if you feel that you are discriminated against because of your marital status you need to file complaints with these organizations or state equivalent agencies. In New York, for non-federal employees, that agency is the New York State Division of Human Rights.
New York Marriage Discrimination Lawyers
If you have been discriminated against or harassed in the workplace due to your marital status, Borrelli & Associates can help. Our New York Marriage Discrimination Lawyers are top notch in cases involving discrimination or harassment of an employee in the workplace in regard to their marital status.
Your marital status has no bearing on your ability to work, the amount of money you make, or anything job-related. Your marital status is a personal matter that should have no bearing in the workplace. Marital discrimination is often more serious than just harassment, sometimes escalating to violations of employee rights or a hostile work environment. Our marital status discrimination attorneys will defend your employee rights to ensure that you’re protected against criticism and hostility in your place of employment.
Marital Status Discrimination and Harassment
The Civil Service Reform Act, also known as the CSRA, is a United States law that prohibits marital status discrimination in the workplace against Federal employees. New York law also prohibits marital status discrimination. The lawyers at Borrelli & Associates are knowledgeable and experienced in matters pertaining to the Civil Service Reform Act, and they will do everything they can do to protect your employee rights.
We have offices in Manhattan and Great Neck and serve all of NYC including Brooklyn, Queens, the Bronx, and Staten Island as well as Nassau County and Suffolk in Long Island. Our marriage discrimination and harassment lawyers are ready to help!