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:
Wage & Hour Disputes
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.
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.
Other Employment Law Issues
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.