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Workplace Termination for Marriage Status
Marital status discrimination, which includes being treated unfairly due to being married, single, divorced, separated, engaged, or in a same-sex marriage, is illegal in New Jersey. State and local laws offer robust protection against such discrimination. If you face discrimination based on your marital status, Castronovo & McKinney, LLC can assist you.
Our attorneys specialize in marital status discrimination, equipped to protect your rights in arbitration, administrative proceedings, and state court. Known for our commitment to employee rights, we have a track record of successfully resolving cases through both negotiation and litigation.
We prioritize your best interests and provide support throughout the legal process.
Addressing Marital Status Discrimination in New Jersey Workplaces
In New Jersey, the Law Against Discrimination (LAD) explicitly prohibits employers from discriminating against employees or job candidates based on marital status, a protected characteristic under state law. This contrasts with federal law, which does not offer such specific protection.
Under LAD, employers cannot base employment decisions on an employee’s marital status. This includes actions like failing to hire, refusing promotion, reassigning, demoting, or terminating an employee. The law also protects employees from discrimination related to spousal care responsibilities, parental status, whether married or unmarried, and having a disabled spouse.
Historically, some employers used marital status as a measure of an employee’s commitment to work, often relying on stereotypes. For instance, there might be an assumption that a woman with children would prioritize family over work or that a single man would be less in need of a job compared to a married man. The LAD aims to eliminate such biased decision-making based on unfounded stereotypes and assumptions.
The definition of “marital status” under LAD, though not explicitly outlined, has been interpreted by courts to include individuals who are single, married, or transitioning between these states.
If you face discrimination due to being single, married, or otherwise, it is essential to seek a skilled New Jersey marital discrimination attorney. An experienced lawyer can effectively protect your rights, whether you’ve been unfairly passed over for a promotion, paid less than married coworkers, or faced other discriminatory practices based on your marital status.
Key Aspects of Marital Discrimination in New Jersey
The New Jersey Law Against Discrimination (LAD) forbids discrimination based on marital status, but this does not restrict employers from implementing anti-nepotism policies. These policies can legally influence employment decisions regarding individuals who are related by marriage to a coworker.
It’s important to note that federal employment laws do not offer specific protections against marital discrimination. However, the Family and Medical Leave Act (FMLA) provides certain rights to caregivers, which overlaps with some aspects of marital status. The FMLA, applicable to employers with 50 or more employees, may offer recourse if you’re fired for taking FMLA leave. In contrast, the LAD applies to all New Jersey employers, regardless of size.
Under the LAD, you can directly file a lawsuit for marital status discrimination without an initial administrative complaint. To establish a valid claim, it’s necessary to demonstrate:
- Membership in a protected class, such as being married, single, engaged, separated, or divorced.
- Job performance meeting the employer’s legitimate expectations.
- Subjection to adverse employment actions, including termination, demotion, suspension, failure to hire, or promote.
Our Approach to Marital Discrimination Claims
At Castronovo & McKinney, our attorneys are adept at proving elements of marital discrimination. We are prepared to protect your employment rights, handling cases before the state Division of Civil Rights or in state court. Our goal is to secure the best outcome, through negotiation, arbitration, or litigation.
Potential Remedies in Successful Claims
In successful marital discrimination cases, remedies can 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 in cases of egregious misconduct.
- Reimbursement for attorneys’ fees and legal costs.
Our legal team is committed to securing just compensation for you and safeguarding your professional reputation.
Financial Compensation for Marital Discrimination in NJ
When you face harassment or wrongful termination due to your marital status, recovering financial damages is a critical part of seeking justice and holding the responsible parties accountable. Understanding the types of financial damages you can recover is important in these cases:
- Lost Wages and Benefits: If you were fired because of marital status discrimination, you are entitled to compensation for the wages and benefits lost. This includes not only your salary up to the point of termination but also any lost future earnings (front pay) you would have received had the discrimination not occurred.
- Emotional Distress Damages: Workplace harassment and wrongful termination can lead to significant emotional and psychological stress. You may be eligible for damages that compensate for mental anguish, anxiety, and other emotional impacts resulting from the discrimination.
- Punitive Damages: In cases where the employer’s conduct is found to be especially harmful or egregious, punitive damages may be awarded. These are intended to punish the employer and deter similar discriminatory behavior in the future.
- Legal Costs and Attorney’s Fees: Discrimination cases can incur substantial legal expenses. Recoverable damages often include the cost of legal representation and any other court-related expenses.
- Reinstatement: In some instances, reinstatement to your former position (or a comparable one) might be a suitable form of compensation, especially if you wish to continue your employment with the company.
- Compensatory Damages for Career Setback: Discrimination and wrongful termination can derail your professional growth. Compensation in this regard can help bridge gaps in your resume and support retraining or further education needed to regain your career trajectory.