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Marital Status Discrimination
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Marital status discrimination is unlawful in New Jersey. An employer cannot use the fact that you are married, single, divorced, widowed, separated, or going through a divorce as a reason to treat you differently at work. If your marital status played any role in decisions involving termination, discipline, demotion, pay, scheduling, promotions, hiring, or job opportunities, you may have a claim under the New Jersey Law Against Discrimination (NJLAD).
Marital status discrimination is not always obvious. Sometimes it shows up as a sudden shift in tone, standards, or access, especially after a change in your personal life. A supervisor may claim the issue is performance or “fit,” but the timing, comments, or inconsistent expectations can tell a different story. If you suspect your marital status has became an issue in the workplace, it is worth taking that concern seriously and getting guidance on your rights.
What Marital Status Discrimination Can Look Like at Work
Marital status discrimination can affect nearly any part of your employment. It may involve actions that happen quickly after a change in your relationship status, or patterns that develop over time until they start affecting your job security or growth.
Some common examples include:
- Being fired, laid off, or pressured out soon after a separation, divorce filing, or remarriage
- Being denied a raise, promotion, or advancement opportunity after getting married or after a divorce becomes known at work
- Being assigned less-desirable shifts, schedules, or work locations based on assumptions about your availability
- Being treated as “less committed” or “too distracted” because you are single, divorced, widowed, or a single parent
- Receiving harsher discipline than coworkers for similar conduct, especially after your marital status changes
- Being questioned about your relationship or home life in ways that lead to job consequences
In many cases, the discrimination is driven by stereotypes rather than facts. A decisionmaker might assume a single parent will be less reliable, a divorced employee will bring “drama,” or a newly married employee will prioritize family over work. Those assumptions are not good reasons to deny job opportunities or impose other negative treatment.
Discrimination Based on Relationship Status and Living Arrangements
Marital status discrimination also can involve biased treatment because you are not married, even if you are in a committed relationship. In some workplaces, a supervisor may react negatively to living arrangements such as an unmarried partner relationship, or pregnancy or parenting outside of marriage.
This can show up in different ways, including being passed over for roles that involve client contact, being held to stricter conduct expectations, or being treated as if you are less trustworthy or less stable. However, none of those personal circumstances have anything to do with whether you can perform your job. If you are meeting expectations, your personal relationship status should not become an excuse to limit your opportunities at work.
When Marital Status Intersects with Other Protected Traits
Marital status discrimination often overlaps with other forms of unlawful discrimination. For example, a workplace may apply different expectations to women than to men regarding caregiving, loyalty, professionalism, or availability. An employer may claim it is reacting to “attendance issues” or “commitment,” but the pattern may reflect gender-based assumptions about parenting or household responsibilities.
Marital status issues also can intersect with sexual orientation and gender identity or expression. For example, a workplace may treat a same-sex marriage differently, or respond negatively to the existence of a same-sex spouse or partner. Even when an employer tries to reframe the conflict as “office disruption” or “relationship drama,” the underlying issue still may be unlawful discrimination.
Domestic Partnership and Civil Union Status in New Jersey
New Jersey law also protects workers from discrimination based on domestic partnership status and civil union status. In practical terms, an employer should not treat you differently because you are in a civil union, in a registered domestic partnership, or because you are not. These protections apply to job applicants as well. Hiring decisions should be based on qualifications, not civil union or domestic partnership status.
How To Protect Yourself If You Suspect Marital Status Discrimination
If you suspect marital status discrimination at work, the details often matter. Here are practical examples of information that can help support this legal claim:
- Comments tied to your marital status, divorce, separation, or relationship, including who said them and when
- Changes in evaluations, duties, scheduling, discipline, or expectations that do not match your prior work history
- Comparisons to similarly situated coworkers who were treated differently for similar conduct or performance
- Written communications, including emails, text messages, messages from the human resources (HR) department, and messages on internal work platforms
If you feel safe doing so, raising concerns through internal channels may be appropriate in some situations. In others, it can trigger retaliation, which is also unlawful. Getting legal advice early can help you choose the path that best protects your job, the evidence, and your potential claim.
Contact a Bergen County Employment Lawyer to Discuss Your About Marital Status Discrimination
If you believe your employer treated you unfairly because of your marital status, domestic partnership status, or civil union status, Rabner Baumgart Ben-Asher & Nirenberg, P.C. can help you understand your options under New Jersey law. To speak with a Bergen County employment lawyer, please call (201) 777-2250 or contact us online to schedule a consultation.
To learn more about your legal rights, please visit our New Jersey Employment Law Blog.
In addition, you may be interested in reading one of the following articles written by our New Jersey marital status discrimination attorneys: