Los Angeles Marital Status Discrimination Lawyer

Marital status discrimination occurs when an employee or job applicant is treated unfairly because of their marital status, whether they are single, married, divorced, separated, or widowed. This form of discrimination is prohibited by law, yet it still happens in various workplace settings. If you have been discriminated against based on your marital status, you have the right to take legal action with the help of a Los Angeles workplace discrimination attorney. 

What Does Marital Status Discrimination Look Like? 

Marital status discrimination involves treating someone differently at work based on their marital status. This discrimination can manifest in various ways, including:

• Hiring and Firing: An employer might refuse to hire someone or might terminate an employee because of their marital status. For example, an employer might prefer hiring single employees over married ones, or they might fire an employee who goes through a divorce.
• Job Assignments and Promotions: Employers might assign less favorable tasks or deny promotions based on an employee’s marital status. For instance, a manager might assume that a married employee will be less committed to their job due to family obligations and therefore pass them over for a promotion.
• Pay and Benefits: Discrimination can also occur in the allocation of pay and benefits. An employer might provide different benefits packages based on whether an employee is single or married, or they might reduce benefits for an employee who gets divorced.
• Harassment: An employee might face harassment from coworkers or supervisors because of their marital status. This could include derogatory comments, exclusion from work activities, or other forms of mistreatment.
• Retaliation: Employers are prohibited from retaliating against employees who report marital status discrimination or who participate in an investigation related to such discrimination.

California Policy Prohibits Marital Status Discrimination

Federal law does not specifically prohibit marital status discrimination, but many states, including California, have laws that protect employees from this type of discrimination. California’s Fair Employment and Housing Act (FEHA) is one of the most comprehensive state laws that protect against marital status discrimination.

California Fair Employment and Housing Act (FEHA)

Under FEHA, employers with five or more employees are prohibited from discriminating against employees or job applicants based on their marital status. This includes all aspects of employment, such as hiring, firing, promotions, pay, job assignments, and benefits. FEHA also protects employees from retaliation for reporting discrimination or participating in a discrimination investigation.

Title VII of the Civil Rights Act of 1964

While this federal law does not explicitly address marital status, it does prohibit discrimination based on sex, which can sometimes overlap with marital status discrimination. For example, if an employer discriminates against a married woman because they assume she will be less committed to her job, this could be considered both sex discrimination and marital status discrimination.

What Types of Damages am I Entitled To?

In a marital status discrimination case, you may be entitled to several types of damages:

• Back Pay: Compensation for lost wages and benefits from the time of the discriminatory action to the date of judgment or settlement.
• Front Pay: Compensation for future lost earnings if reinstatement is not possible.
• Compensatory Damages: Compensation for emotional distress, pain and suffering, and any other psychological and emotional harm.
• Punitive Damages: Awarded in cases of particularly malicious conduct, meant to punish the employer and deter future discrimination.
• Reinstatement: Being restored to your former position if you were wrongfully terminated or demoted.
• Attorney’s Fees and Costs: Coverage of your legal expenses if you win your case.
• Injunctive Relief: A court order requiring your employer to make specific changes to prevent further discrimination.

These types of damages aim to compensate you for the harm suffered and hold the employer accountable. An experienced employment lawyer can help you understand the full scope of damages you may be entitled to. 

How an Attorney Can Help

Dealing with marital status discrimination can be stressful and overwhelming. A lawyer can support you throughout the entire process, including:

Understanding Your Rights

A lawyer can explain FEHA and how these laws apply to your situation and what rights you have as an employee.

Evaluating Your Case

Your attorney will assess the details of your case to determine whether you have a strong claim. This involves reviewing any evidence you’ve gathered, such as documentation of the discriminatory behavior, emails, or statements from witnesses. The lawyer can also help identify whether other forms of discrimination, such as sex or gender discrimination, may be involved.

Filing a Complaint

If you have a valid claim, your attorney will guide you through the process of filing a complaint with the appropriate agency, either California’s Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC). 

Negotiating a Settlement

Many employment discrimination cases are resolved through negotiation rather than going to court. Your attorney can negotiate with your employer or their legal representatives to seek a fair settlement. This might include compensation for lost wages, emotional distress, and other damages. 

Representing You in Court

If your case cannot be settled through negotiation, your attorney will represent you in court. They will prepare all necessary legal documents, present evidence, and argue your case before a judge or jury. Having a lawyer with experience in employment law increases your chances of a successful outcome.

Protecting You from Retaliation

It is illegal for an employer to retaliate against you for reporting discrimination or participating in an investigation. If you experience retaliation, such as being demoted, fired, or harassed, your attorney can take immediate action to protect your rights. This might involve filing additional claims against your employer for retaliatory behavior.

Providing Peace of Mind

Navigating a discrimination case can be stressful and overwhelming, but having an experienced attorney by your side provides peace of mind. Your lawyer will handle all legal aspects, keep you informed, and help you make informed decisions about your case.

Contact Us Today

If you believe you have been the victim of marital status discrimination in the workplace, contact Aegis Law Firm. Our Los Angeles marital status discrimination lawyers are ready to help you seek justice.