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Marital Status

Marital Status

Your Marital Status Shouldn't Determine Your Vocation

Many employers want their employees to demonstrate a complete commitment to the company—and they assume that employees with families are incapable of doing so. Instead of working with employees to find a schedule that works for everyone, some employers will fire employees as soon as they have children.

For many parents, juggling work and family is challenging enough. Facing discrimination based on familial status can be too much for parents to bear alone. That is why the attorneys at Ricotta & Marks, P.C., are dedicated to providing guidance and support to parents who face discrimination in the workplace. You have rights under the law. If you or your spouse were discriminated against based on your marital status, please call our Queens law office or our Long Island law office for a confidential initial consultation.

New York Law: Marital Status Discrimination

Federal law does not prohibit discrimination because of an employee’s marital status—meaning that basis alone is not sufficient to support a federal claim. However, state and local laws do provide employees in our region with much needed marital status protections. Depending on where you work, you may be protected from marital status discrimination under  New York State law (N.Y. Human Rights Law § 296.1), New York City law (New York City Human Rights Law), or another local regulation. Generally speaking, these laws prohibit employers from discriminating against job applicants or workers who are married, unmarried, or divorced. Your marriage (or lack thereof) should not be used against you in the workplace. 

You May Have the Right to Family or Medical Leave

In some cases, employees may have a legal right to take unpaid, job-protected leave under the Family Medical Leave Act (FMLA) or paid, job protected leave under the New York Paid Family Leave Benefit Law (PFLBL). In either case, employees cannot be punished for taking family/medical leave that they are entitled to under labor regulations. 

Beyond that, in some cases, an employer may even have a duty to reasonable accommodations for parents. An accommodation may be as simple as giving you a different shift that is more convenient for you. At a minimum, the employer must engage in a dialogue with you. The employer cannot just assume that the company cannot accommodate your needs

Queens and Long Island

Labor Employment Lawyers in Queens and Long Island

Advocating on Behalf of

At Ricotta & Marks, P.C., we represent employees in a broad spectrum of legal matters, including:


According to the NY Department of Human Rights, employers can be held responsible for sexual harassment in the workplace in the following circumstances:
If the harassment was the fault of a co-owner, manager, or supervisor the employer is responsible, regardless of whether or not they knew it was occurring
If the harassment occurred among regular employees, the employer can be held responsible if they knew about it, should have known about it, or failed to have a sexual harassment policy in place.
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Employee Discrimination

Our lawyers are prepared to represent clients who face any type of employment discrimination such as:
Gender discrimination
Marital status discrimination
Pregnancy discrimination and FMLA violations
Sexual orientation discrimination, including transgender discrimination and harassment
Age discrimination
Race or national origin discrimination
Disability discrimination
Religious discrimination
Criminal record discrimination
Violations of the Genetic Information Nondiscrimination Act (GINA)
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Wage & Hour Disputes

We handle many cases that involve wage and hour disputes, including people in certain industries who often fall victim to these situations as well as instances involving:
Unpaid overtime
Under-the-table compensation
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Education Law

New York City teachers face challenges inside and outside the classroom. When they face the possibility of losing their jobs, they deserve representation by experienced attorneys.

At Ricotta & Marks, P.C., employment law is our sole focus. We have represented teachers facing a broad spectrum of legal issues and we are committed to protecting teachers’ rights. To learn more, please do not hesitate to contact us and schedule a free initial and confidential consultation at our Queens or Long Island offices today.

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Wrongful Termination

Even in an ‘At Will’ Work Situation, You Have the Right to Work. Employers will always claim that they had a valid reason to lay off or fire an employee. But in many circumstances, this is just disguised discrimination of one form or another. Continued employment and advancement is frequently based on performance reviews. If you have a perfect record, then suddenly go from perfect to pariah, it may be a case of your supervisor or employer giving a negative review in order to have an excuse to remove you from your position or deny a promotion.

Sometimes these “Jekyll and Hyde” switches occur because a superior learned something about a subordinate that then caused him or her to have a negative bias, like the employee was of a certain religion or sexual orientation. Sometimes the reason is more obvious, like a bias against people of a certain race, being male or female, a woman becoming pregnant or people with disabilities.

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Other Employment Law Issues

As a full-service employment law firm, we can also help you with:
Labor and union representation
Mediation and arbitration matters
Employment contract negotiations and matters
Employer defense
Our New York employment attorneys are dedicated to ensuring that all workers have the opportunity to pursue successful careers, and experience workplaces that are free of harassment or other situations that create tension.
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Discrimination Against Single Mothers in New York City and Queens, NY

Often, this type of employment discrimination falls heavily on single mothers.

Family status discrimination can come in a wide range of different forms. That being said, far too frequently, the brunt of the unequal treatment falls on single parents—particularly on single mothers. Over time, denied promotions can cause a single mother’s career to stall and make it extremely difficult for her to support her family.

Since discrimination against a single mother is often less overt than other forms, it can be difficult to identify. However, if you are a single mother and feel that your employer discriminated against you, our lawyers will take aggressive action on your behalf. We can pursue economic, emotional and punitive damages. If your goal is to keep your job, we can help to ensure that your employer follows the law—and allows you to remain in your position.

Of course, single fathers may also experience marital status discrimination. If you are a single father and you believe that you were denied opportunities in the workplace based on your family status, call our Queens & Long Island workplace discrimination attorneys for immediate help.

Why Hire the Queens Marital Status Discrimination Lawyers at Ricotta & Marks

Marital status discrimination claims are complex. At Ricotta & Marks, P.C., our sole area of practice is employment law. We are prepared to put in the time and resources to understand the specific facts of your case and build a sensible, focused approach. When you call our firm, you will have an opportunity to consult with a Queens workplace discrimination attorney who can:

  • Conduct a comprehensive assessment of your marital status discrimination claim; 
  • Answer your questions and explain your rights under New York law;
  • Investigate the matter—gathering information and evidence; and
  • Craft a personalized strategy focused on getting you justice and results. 

We are firmly committed to the principle that every employee deserves fair and equal treatment in the workplace. With experience settling and litigating employment law claims, our Queens marital status discrimination lawyers are prepared to take your case as far as it needs to go to get you the best outcome possible.

Contact our Marital Discrimination Attorneys in Queens for Immediate Assistance

At Ricotta & Marks, P.C., our Queens employment lawyers have the skills, experience, and knowledge to handle the full range of marital discrimination claims. We will protect your rights and keep your interests ahead of your employer. To learn more about how our attorneys fight discrimination, contact our legal team Ricotta & Marks, P.C., at 347-727-0661. Our law firm returns calls within 24 hours. We have offices in Long Island City, Queens, and Carle Place, Long Island.

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Ricotta Marks

Ricotta & Marks, P.C.

We understand that your situation is urgent. Our New York employment discrimination attorneys will respond to your questions and concerns as quickly as possible.

Contact Our Office347.464.8694