Have You Suffered Marital Or Parental Status Discrimination? We Can Help.
Balancing your family and career can be challenging. Unfortunately, some employers make these challenges even harder through discriminatory practices. If you have suffered marital or parental status discrimination, Fisher | Taubenfeld LLP can guide you through your options. We represent employees in New York City, on Long Island and in New Jersey.
How Does The Law Protect Employees Based On Their Marital And Parental Status?
At the federal level, while there is no specific policy addressing marital or parental status discrimination, Title VII of the Civil Rights Act of 1964 offers protection under broader categories like sex discrimination, which can cover instances where marital or parental status discrimination overlaps with gender discrimination. Additionally, the Family and Medical Leave Act (FMLA) can support parents by protecting eligible employees’ ability to take unpaid leave for family and medical reasons.
New York state, on the other hand, has more explicit protections under its Human Rights Law. This law prohibits discrimination in employment based on whether they are married or whether they are a parent or guardian of a minor child. The law ensures that employees are treated equally regardless of their marital or parental status, covering various aspects of employment, including hiring, promotions and workplace treatment.
New York City provides broader protections for caregivers, and New Jersey law protects caregivers in a variety of ways.
What Might Marital Or Parental Status Discrimination Look Like?
Bias against people based on their marital or parental status can impact any stage of an employee’s experience with a company, from hiring to their everyday work. Some examples include:
- Hiring bias: An employer may unfairly prefer to hire single candidates over married ones, assuming they will have fewer personal commitments and be more available for work.
- Promotion denial: Employers may overlook a qualified employee for a promotion because they have young children, and the employer assumes they will be less dedicated to the job.
- Unequal leave opportunities: A parent should not be denied flexible working arrangements or parental leave options that are readily available to non-parents.
- Workplace harassment: An employee could face negative comments or jokes about their status.
- Unfair workload distribution: A single employee may consistently receive more work under the assumption they have more time compared to their married colleagues.
- Termination due to family responsibilities: Some employers may unfairly terminate or demote an employee because they need to attend to family responsibilities, such as caring for a sick child.
What Can You Do To Push Back Against Discrimination?
Experiencing discrimination in the workplace due to marital or family status can be distressing. Thankfully, there are steps you can take to address the issue:
- Document the incidents: Start by keeping a detailed record of any discriminatory incidents. Note the dates, times, locations, individuals involved and the nature of the discrimination.
- Review company policies: Familiarize yourself with your company’s policies on discrimination and the procedures for reporting it.
- Report internally: Follow your company’s procedures to report the discrimination internally. Provide them with the documentation you have gathered to support your claims.
- Report externally: If your employer does not resolve the issue, or if you feel uncomfortable reporting within your organization, consider reaching out to the Division of Human Rights.
- Consult an employment law attorney: To understand your legal options and rights fully, consult with an employment law attorney. They can provide guidance on the best course of action and help you navigate the legal process if you decide to pursue a claim.
Taking these steps can help you address and combat marital and family status discrimination in the workplace, ensuring you receive fair treatment and uphold your rights as an employee.
Protect Your Career With Fisher | Taubenfeld LLP
As a worker in New York or New Jersey, you deserve fair treatment in the workplace, whatever your marital or parental status. Send us an email or call 646-741-3490, to learn more about your options in a no-cost consultation with a member of our team.