![]() ![]() Number and age of children or future child-bearing plans.Marital status of applicant or whether applicant plans to marry.What type of employer questions may constitute marital status discrimination?Īccording to the EEOC, the following pre-employment inquiries may be regarded as evidence of intent to discriminate when asked in the pre-employment context: However, even then, this information should not be used against the employee in a discriminatory capacity. The EEOC advises that, generally, employers should avoid asking “non job-related questions involving marital status, number and/or ages of children or dependents, or names of spouses or children of the applicant.” These questions may be asked after an employment offer has been made and accepted if needed for insurance or other legitimate business purposes. However, even if an employer asks these questions of both men and women, this may be evidence of intent to discriminate against women with children. Related: What Every Worker Should Know About The EEOCĪsking these questions only of women and not men (or vice-versa) is also discriminatory. Such questions may violate Title VII if used to deny or limit employment opportunities. The following conduct may constitute marital discrimination.Īccording to the EEOC, questions about marital status and children are commonly used to discriminate against women. Join my newsletter for the latest career and workplace tips. While these federal laws don’t specifically protect against marital discrimination, they may still protect against misconduct related to marital status since marital status discrimination is commonly considered discrimination based on sex. Equal Employment Opportunity Commission enforces Title VII and the Equal Pay Act, which prohibits unequal pay on the basis of sex. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on color, national origin, race, religion, and sex. ![]() However, conduct that might otherwise constitute marital status discrimination may still violate Title VII-a federal law that prohibits workplace discrimination. ![]() While many states have made marital status discrimination unlawful, there is no federal law that protects against discrimination based on marital status or parental status. Conduct may include the denial of employment, employment opportunities, or promotions harassment unequal pay and/or other negative action. The unlawful discrimination arises when an employer makes employment decisions based on this status. Like parental status discrimination, it’s a form of familial status discrimination. ![]() It can occur whether you are married or single. What is marital status discrimination?Īs its name suggests, marital status discrimination is workplace discrimination based on an employee’s marital status. The following guide explains what marital status discrimination is, what it looks like, and where it is unlawful. It’s important to understand your rights and to know when your employer may be violating them. Whether you are getting married, going through a divorce, or re-marrying, the last thing you want to worry about is your marital status being held against you at work. Changing your marital status is a complex endeavor. ![]()
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