Marital Status Discrimination
Marital status discrimination should be a relic of the past in New Jersey. Regardless of your marital status—whether married, single, divorced, separated, engaged, or in a same-sex marriage—you’re entitled to robust legal protections under state and local laws. If you suspect unfair treatment based on your marital status, rely on Castronovo & McKinney, LLC.
Our committed attorneys specializing in marital status discrimination possess the expertise to safeguard your rights in arbitration, administrative proceedings, and state courts. With a track record of dedicated advocacy and successful outcomes through negotiation and litigation, we assure you of working tirelessly in your best interests every step of the way.
Rest assured, we’ll stand by you, advocating for justice. Contact our Morristown or Manhattan office today to take the first step toward resolution.
Fighting Marital Status Discrimination in Hamilton Township Workplaces
In New Jersey, the Law Against Discrimination (LAD) stands as a crucial shield against unfair treatment based on marital status—an aspect deemed a “protected characteristic” under this law, unlike federal regulations.
This signifies that employers are barred from making employment decisions or treating employees disparately due to marital status. Discriminatory actions encompass a range of adverse employment actions, including:
- Declining to hire
- Denying promotion opportunities
- Reassigning or demoting employees
- Terminating employment based on marital status
Moreover, marital status discrimination extends to adverse actions against:
- Employees with caregiving responsibilities for a spouse
- Both mothers and fathers involved in child-rearing, regardless of marital status
- Workers with disabled spouses
By upholding the LAD, New Jersey ensures that employees are shielded from unjust treatment linked to their marital status, fostering a fairer and more equitable workplace environment.
What Else You Need To Know About Marital Discrimination in Hamilton Township
It’s crucial to understand that while the New Jersey Law Against Discrimination (LAD) prohibits marital status-based discrimination, it doesn’t prevent employers from implementing anti-nepotism policies. These policies may allow employers to terminate or reject hiring employees due to familial ties, including marriage, to a colleague.
Furthermore, federal equal employment opportunity laws don’t offer explicit protections against marital discrimination. However, caregivers may find recourse under the federal Family and Medical Leave Act (FMLA) and the LAD. For instance, if termination follows FMLA-mandated leave, legal action may be pursued. Notably, FMLA applies to employers with 50 or more employees, whereas New Jersey’s law extends to all employers.
Under the LAD, filing a lawsuit for marital status discrimination is possible without an administrative complaint prerequisite. To substantiate a valid claim, demonstrating:
- Membership in a protected class (e.g., married, single, engaged, separated, divorced)
- Meeting employer expectations in job performance
- Facing adverse employment actions like termination, demotion, suspension, or hiring/promotion denials
Our marital status discrimination attorneys are adept at establishing these claim elements and safeguarding your employment rights and future. Whether navigating administrative procedures with the state Division of Civil Rights or litigating in state court, we strive for optimal outcomes through negotiation, arbitration, or litigation.
Recoverable Damages
The available remedies in a successful marital discrimination claim include:
- Reinstatement
- Back pay
- Front pay
- Compensatory damages (e.g. emotional distress)
- Punitive damages
- Attorneys’ fees and costs
Trust our legal team to help you obtain just compensation and preserve your reputation.
Contact Our Hamilton Township Marital Status Discrimination Attorneys
If you suspect that your employer is treating you unfairly due to your marital status, seek the strategic representation offered by Castronovo & McKinney. As our client, you can trust our seasoned employment lawyers to advocate for your rights effectively. We operate on a contingency basis, meaning we only receive payment if we secure compensation for you. Reach out today for a complimentary consultation and take the first step towards asserting your rights.