Marital Status Discrimination Attorneys
According to New York Human Rights Law, it is illegal for employers to discriminate against their employees based on the latter’s marital status. But some employers still violate these protections. The good news is that New York City is home to some good marital status discrimination attorneys who can help you take legal action against an employer if you ever find yourself in such a situation. You just need to know how to find such an attorney.
Before discussing where to begin your search and what to look for in a good lawyer to represent you, let’s first define marital status discrimination.
What is Marital Status Discrimination?
Marital status discrimination refers to mistreating an employee or potential employee due to their marital status. In this context, your marital status could be:
Here’s a hypothetical example of marital status discrimination in the workplace:
John applies for a head of marketing role at Company X. One of the reasons he wants to work at this company is because of the benefits he is entitled to as an employee of the company. He attends and passes the job interview.
However, on his first day on the job, his employer informs him that he is not eligible for certain employment benefits because he is single. This could be a case of marital status discrimination, especially if the benefits have nothing to do with an employee’s marital status. Another example is when a woman does not get a promotion or hired because she recently got married and the employer is worried she will focus on her family or having children.
For example, if you are entitled to a monthly commission after reaching a particular sales target, the commission does not have anything to do with your marital status. So if your employee denies you such benefits that you may be entitled to, it may be necessary to seek the help of experienced marital status discrimination attorneys.
Identifying Marital Status Discrimination in the Workplace
Discrimination based on your marital status could come in different forms. Although it is always advisable to consult a seasoned marital status discrimination lawyer for a case evaluation, you may have a case against your employer if they do any of the following:
- Deny you certain employee benefits due to your marital status
- Terminate your employment because you got married
- Refuse to hire you because of who you are married to, even though you qualify for the role you’ve applied for
- Refuse to promote you due to your marital status even though you qualify for the promotion
- Spend a significant amount of time questioning potential employees about their marital status during job interviews
Worker Rights and Protections Against Marital Status Discrimination in New York City
New York City laws protect workers against employer retaliation due to the former’s marital status. If you believe that your employer or a potential employer discriminated against you due to your marital status, you may need to consult an experienced marital status discrimination attorney.
How to Prove Marital Status Discrimination in New York City
New York City’s anti-discrimination laws have made it even easier for employers to take legal action against marital status discrimination by employers. For instance, the employee does not need to prove that the employer discriminated against them entirely due to their marital status. Instead, they only need to demonstrate that their marital status was a motivating factor in the employer’s action.
Some of the most common remedies for marital status discrimination in the workplace include:
- Back pay if you lost your job because of your marital status
- Compensation for emotional distress caused by marital status discrimination by your employer
- Punitive damages to warn other employers against discriminating against workers based on their marital status
- Attorneys’ fees
Marital Status Discrimination Claims Process in New York Explained
Although federal laws prohibit certain types of discrimination in the workplace, these laws do not explicitly mention marital status as grounds for discrimination in such an environment. Of course, this does not mean that it is lawful for employers to discriminate against their employees based on their marital status. Thankfully, New York City workers can still pursue a claim against an employer by citing marital status discrimination as the basis of the lawsuit.
This is because New York State Human Rights Law prohibits marital status discrimination. In addition, New York City’s human rights regulations do not allow discrimination based on marital status.
You can file a complaint with the New York City Commission on Human Rights. However, this process is quite complicated and time-consuming.
The best option is to consult an experienced NYC marital status discrimination attorney for a case evaluation. A seasoned attorney will provide you with legal advice and the assistance you need to pursue a claim.
Remember, marital status discrimination cases are complex. The same applies to workers’ discrimination cases in general. For example, it is not unlawful for employers to favor a particular employee. However, favoritism should not be based on certain prohibited reasons, such as race, gender, marital status, religion, etc.
When you consult an attorney, they can help determine whether the employer broke the law. The attorney will then advise you on the next steps forward based on the circumstances surrounding your case.
How to Choose the Best Marital Discrimination Lawyer for Your Claim
Choosing the best marital discrimination lawyer for your claim can be easy or complex, depending on how you begin your search. New York City is home to several marital status discrimination attorneys, but you should not work with just any attorney.
Experience is an essential factor to consider when choosing such an attorney. More specifically, you need a law firm that specializes in employment law. Ricotta & Marks, P.C., is always one phone call away when you need to speak with an experienced employment law attorney in New York City specializing in marital discrimination claims.
How R&M Can Help
Because we specialize in employment law in Queens, Long Island City, Carle Place, Astoria, Bronx, Flushing, Jamaica, NY, Great Neck, Brooklyn, Nassau County, Suffolk County, and the surrounding areas, you can always count on us when you need to speak to an expert attorney about your claim.
Our New York City employment lawyers have a combined experience of more than three decades of handling employment-related disputes, including workers’ discrimination cases. When you contact us for a free consultation, we will analyze your case and create the best legal strategy you need to file a successful claim.
If you or your loved one has been discriminated against based on your marital status in New York City, call us today at 347-960-4383 for a free case evaluation. Alternatively, you can message us online, and we will get in touch within 24 hours.