Marital Status Discrimination

Marital status discrimination is discrimination in the workplace based on whether an employee is married or single. Employers may discriminate based on marital status when they deny employment or promotions, harass, pay less, or otherwise take negative employment action against an employee because of the employee’s status as a single or married person. This page contains information on marital status discrimination in the workplace.

What federal laws address marital status discrimination?

There are no federal laws that specifically address marital status discrimination.

What state laws prohibit marital status discrimination?

Alaska

Alaska prohibits discrimination based on marital status. “Employee” means an individual employed by an employer but does not include an individual employed in the domestic service of any person. “Employer” means a person, including the state and a political subdivision of the state, who has one or more employees in the state but does not include a club that is exclusively social, or a fraternal, charitable, educational, or religious association or corporation, if the club, association, or corporation is not organized for private profit.

See the law for more information.

California

California prohibits marital status discrimination. “Employee” does not include any individual employed by his or her parents, spouse, or child, or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.

“Employer” includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities.

See the law for more information.

Connecticut

Connecticut prohibits discrimination based on marital status. “Employee” means any person employed by an employer but shall not include any individual employed by such individual’s parents, spouse or child. “Employee” includes any elected or appointed official of a municipality, board, commission, counsel or other governmental body. “Employer” includes the state and all political subdivisions thereof and means any person or employer with one or more persons in such person’s or employer’s employ.

See the law for more information.

Delaware

Delaware law prohibits discrimination based on marital status. “Employee” means an individual employed by an employer, but does not include:

Any individual employed in agriculture or in the domestic service of any person, Any individual who, as a part of that individual’s employment, resides in the personal residence of the employer, Any individual employed by said individual’s parents, spouse or child, or Any individual elected to public office in the State or political subdivision by the qualified voters thereof, or any person chosen by such officer to be on such officer’s personal staff, or an appointee on the policy making level or an immediate advisor with respect to the exercise of the constitutional or legal powers of the office.

“Employer” means any person employing four or more employees within the state at the time of the alleged violation, including the State or any political subdivision or board, department, commission or school district thereof.

See the law for more information.

Florida

Florida prohibits discrimination based on marital status. “Employer” means any person employing 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person. See the law for more information.

Hawaii

Hawaii prohibits discrimination based on marital status.  “Employer” means any person, including the State or any of its political subdivisions and any agent of such person, having one or more employees, but shall not include the United States. “Marital status” means the state of being married or being single. See the law for more information.

Illinois

Illinois prohibits discrimination based on marital status. “Employee” includes any individual performing services for remuneration with the state for an employer. “Employer” includes any person employing one or more employees within Illinois during 20 or more calendar weeks within the calendar year of the alleged, or preceding, year of the violation.

See the law for more information.

Indiana

Indiana prohibits discrimination by a governing body based on marital status. “Governing body” means:

  • a board of school commissioners;
  • a metropolitan board of education;
  • a board of trustees; or
  • any other board or commission charged by law with the responsibility of administering the affairs of a school corporation.

See the law for more information.

Maryland

Maryland law prohibits discrimination based on marital status. The law applies to all individuals who are employed in the state of Maryland. “Marital Status” is defined as the state of being single, separated, divorced, widowed or married.  See Maryland’s fact sheet for more information.

Michigan

Michigan law prohibits discrimination based on marital status. “Employer” means a person who has one or more employees and includes an agent of that person. See the law for more information.

Minnesota

Minnesota law prohibits discrimination based on marital status. “Employee” means an individual who is employed by an employer and who resides or works in this state. “Employer” means a person who has one or more employees. “Marital status” means whether a person is single, married, remarried, divorced, separated, or a surviving spouse and, in employment cases, includes protection against discrimination on the basis of the identity, situation, actions, or beliefs of a spouse or former spouse.

See the law for more information.

Montana

Montana law prohibits discrimination based on marital status. “Employee” means an individual employed by an employer. “Employer” means an employer of one or more persons or an agent of the employer, but does not include a fraternal, charitable, or religious association or corporation if the association or corporation is not organized either for private profit or to provide accommodations or services that are available on a non-membership basis.

See the law for more information.

Nebraska

Nebraska law prohibits discrimination based on marital status. Employer means a person engaged in an industry who has 15 or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, any agent of such a person, and any party whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act regardless of the number of employees and shall include the State of Nebraska, governmental agencies, and political subdivisions.

See the law for more information.

New Hampshire

New Hampshire prohibits discrimination based on marital status. “Employee” does not include any individual employed by a parent, spouse or child, or any individual in the domestic service of any person. ” Employer ” does not include any employer with fewer than six persons in its employ, an exclusively social club, or a fraternal or religious association or corporation, if such club, association, or corporation is not organized for private profit, as evidenced by declarations filed with the Internal Revenue Service or for those not recognized by the Internal Revenue Service, those organizations recognized by the New Hampshire secretary of state. “Employer” shall include the state and all political subdivisions, boards, departments, and commissions thereof.

See the law for more information.

New Jersey

New Jersey law prohibits discrimination based on marital status and familial status. “Employer” includes one or more individuals, partnerships, associations, organizations, labor organizations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and fiduciaries. “Employee” does not include any individual employed in the domestic service of any person.

See the law for more information.

New York

New York law prohibits discrimination based on marital status. “Employer” does not include any employer that has fewer than four persons in the employ of such employer at all times during the period beginning twelve months before the start of an unlawful discriminatory practice and continuing through the end of such unlawful discriminatory practice.

See the law for more information.

North Dakota

North Dakota law prohibits discrimination based on marital status.  “Employee” means a person who performs services for an employer, who employs one or more individuals, for compensation, whether in the form of wages, salaries, commission, or otherwise. “Employer” means a person within the state who employs one or more employees for more than one quarter of the year and a person wherever situated who employs one or more employees whose services are to be partially or wholly performed in the state.

See the law for more information.

Oregon

Oregon prohibits discrimination based on marital status. “Employee” does not include any individual employed by the individual’s parents, spouse or child or in the domestic service of any person.  “Employer” means any person who in this state, directly or through an agent, engages or uses the personal service of one or more employees, reserving the right to control the means by which such service is or will be performed. See the law for more information.

Virginia

Virginia law prohibits discrimination based on marital status. The law applies to all individuals within the commonwealth of Virginia. See the law for more information.

Washington

Washington law prohibits discrimination based on marital status.  “Employee” does not include any individual employed by his or her parents, spouse, or child, or in the domestic service of any person. “Employer” includes any person acting in the interest of an employer, directly or indirectly, who employs eight or more people, and does not include any religious or sectarian organization not organized for private profit. “Marital status” means the legal status of being married, single, separated, divorced, or widowed.

See the law for more information.

Wisconsin

Wisconsin prohibits discrimination based on marital status. “Employee” does not include any individual employed by his or her parents, spouse, or child. “Employer” means the state and each agency of the state, and any other person engaging in any activity, enterprise or business employing at least one individual. “Marital status” means the status of being married, single, divorced, separated or widowed. See the law for more information.