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Workplace Termination Due to Marital Status
Marital status discrimination, which includes unfair treatment based on whether you are married, single, divorced, separated, engaged, or in a same-sex marriage, is prohibited in New Jersey. Both state and local laws provide strong protections against such discrimination. If you are experiencing workplace discrimination due to your marital status, NJ Employment Lawyers, LLC is here to help.
Our experienced attorneys specialize in marital status discrimination and are fully equipped to defend your rights in arbitration, administrative hearings, and state court. With a proven track record of success, we are committed to advocating for employee rights, resolving cases efficiently through negotiation and litigation.
We focus on protecting your best interests and will guide you through every step of the legal process with care and dedication.
Addressing Marital Status Discrimination in New Jersey Workplaces
In New Jersey, the Law Against Discrimination (LAD) explicitly protects employees from discrimination based on marital status, making it illegal for employers to make decisions regarding hiring, promotion, reassignment, demotion, or termination based on whether an employee is married, single, divorced, or in any other marital status. This level of protection is more comprehensive than federal law, which does not provide specific safeguards against marital status discrimination.
Under the LAD, employers cannot use an individual’s marital status to influence employment decisions. This includes, but is not limited to, decisions related to hiring, promotions, reassignments, pay disparities, or wrongful termination. Additionally, the law protects employees from discrimination based on responsibilities like caring for a spouse, parental status (whether married or unmarried), and having a spouse with a disability.
In the past, some employers relied on outdated stereotypes when making employment decisions. For example, they might assume that a woman with children would prioritize family over work or that a single man would be less committed to his job than a married man. The LAD works to eliminate such biased decision-making by addressing these baseless assumptions and ensuring that all employees are judged on their individual abilities and qualifications, not their marital status.
Although the LAD does not explicitly define “marital status,” New Jersey courts have interpreted the term to include individuals who are married, single, or in transition between these states.
If you’ve faced discrimination due to your marital status—whether being passed over for a promotion, experiencing pay disparities compared to married coworkers, or encountering any other form of discrimination—it is important to consult with an experienced New Jersey marital status discrimination attorney. A skilled lawyer can help you assert your rights and fight for the fair treatment you deserve in the workplace.
Key Aspects of Marital Status Discrimination in New Jersey
The New Jersey Law Against Discrimination (LAD) prohibits discrimination based on marital status, ensuring that employers cannot make employment decisions based on whether an employee is married, single, divorced, separated, or engaged. However, this does not prevent employers from enforcing anti-nepotism policies, which can lawfully impact employment decisions regarding individuals related by marriage to a coworker.
It’s important to note that while federal employment laws do not provide specific protections against marital discrimination, the Family and Medical Leave Act (FMLA) offers certain rights to employees, especially caregivers. The FMLA, which applies to employers with 50 or more employees, protects individuals who need to take leave for family-related medical reasons. This can overlap with marital status discrimination claims, particularly if someone is fired or penalized for taking FMLA leave. In contrast, the LAD applies to all employers in New Jersey, regardless of size.
Under the LAD, individuals can directly file a lawsuit for marital status discrimination without needing to first file an administrative complaint. To establish a valid claim, the following criteria must be demonstrated:
- Membership in a protected class – This includes being married, single, engaged, separated, or divorced.
- Job performance meeting employer expectations – You must show that your job performance met your employer’s legitimate expectations.
- Adverse employment action – You must demonstrate that you suffered negative employment consequences such as termination, demotion, suspension, failure to hire, or failure to promote due to your marital status.
Our Approach to Marital Discrimination Claims
At NJ Employment Lawyers, LLC, our experienced attorneys are skilled in handling marital discrimination cases. We work diligently to protect your employment rights, whether the case is heard before the state Division of Civil Rights or in state court. Our goal is to achieve the best possible outcome for you, whether through negotiation, arbitration, or litigation.
Potential Remedies in Successful Claims
If your marital discrimination case is successful, potential remedies may include:
- Reinstatement to your previous position.
- Back pay for lost wages.
- Front pay for future lost earnings.
- Compensatory damages, including for emotional distress.
- Punitive damages for cases of egregious misconduct.
- Reimbursement for attorneys’ fees and legal costs.
Our team is committed to securing just compensation for you and safeguarding your professional reputation.
Financial Compensation for Marital Status Discrimination in New Jersey
When you face harassment or wrongful termination due to marital status discrimination, obtaining financial compensation is a crucial part of seeking justice and holding responsible parties accountable. It’s important to understand the types of damages you may be entitled to in these cases:
Lost Wages and Benefits
If you were fired or discriminated against because of your marital status, you are entitled to compensation for the wages and benefits you lost. This includes not just your salary up until the point of termination, but also any future earnings you would have received (front pay) had the discrimination not occurred.
Emotional Distress Damages
Workplace discrimination, harassment, and wrongful termination can cause significant emotional and psychological strain. If you’ve experienced emotional suffering due to discrimination, you may be eligible for damages that compensate for mental anguish, anxiety, depression, or other emotional impacts that result from the mistreatment.
Punitive Damages
In cases where the employer’s conduct is found to be particularly harmful, egregious, or malicious, punitive damages may be awarded. These damages are meant to punish the employer for their behavior and act as a deterrent to prevent similar conduct in the future.
Legal Costs and Attorney’s Fees
Discrimination cases often involve substantial legal expenses. Fortunately, you may be able to recover the cost of your legal representation and any court-related expenses as part of the damages.
Reinstatement
In some cases, the court may order reinstatement to your previous position (or a comparable one). This option is particularly relevant if you wish to continue your career with the same employer and return to your former role or a similar position within the company.
Compensatory Damages for Career Setback
Discrimination and wrongful termination can disrupt your professional growth and career trajectory. Compensation may be awarded to help address any setbacks, such as covering gaps in your employment history or funding retraining or further education to help you regain your career path.
At NJ Employment Lawyers, LLC, we are committed to fighting for your right to financial compensation and other remedies. Our goal is to help you recover not only the lost wages and benefits but also the emotional and career support you need to move forward.