It is against the law for an employer to discriminate against a person based on his or her marital status in California. Employees who are discriminated against based on their marital status can file a lawsuit against their employer for damages.

In California, discrimination in employment based on marital status is against the law. Under the California Fair Employment and Housing Act (FEHA), it is illegal for an employer to discriminate based on an applicant’s marital status or perceived marital status.

Under the FEHA, it is an unlawful employment practice for an employer to treat an applicant or employee differently based on the employee’s marital status. This includes:

• Refusing to hire or employ
• Refusing to select a person for a training program
• Firing, bearing, or discharging an employee
• Discriminating against a person in compensation or in terms, conditions, or privileges of employment.

Marital status could refer to whether an individual is married or not, has been married, or plans to get married. This includes:

• Currently married
• Divorced
• Married to a same-sex partner or opposite-sex partner
• Engaged to be married
• Married but separated
• Married but seeking a divorce
• Widowed
• Annulled marriage
• Plans to get married someday
• Plans to never get married
• Other marital states.

There may be a number of reasons why an employer would want to know an applicant’s marital status in making job decisions. However, under California law, marital status is a protected class and employers are prohibited from making job-related decisions based on an employee’s marital status.

Marital status discrimination may overlap with other protected employment discrimination classes, including race, religion, gender, or sexual orientation. For example, an employer may discriminate against an employee because they are in a same-sex marriage or the employee is engaged to someone of a different race. In these cases, discrimination may be based on multiple factors.

The laws against marital status discrimination also apply to unions and labor organizations, which are prohibited from excluding, expelling, or restricting membership to a person based on marital status.6 Marital status discrimination prohibitions also apply to apprenticeship training programs and employment agencies.

Contact the Tous Law Firm, today if you have been the victim of age discrimination or harassment. Call: 714-766-0264