Marital Status Discrimination in California: An Overlooked Violation in the Modern Workplace

When people think of workplace discrimination, the usual suspects—race, gender, age—often come to mind. But marital status discrimination in California is a real and unlawful practice that quietly affects many employees, often in ways that are difficult to detect but deeply impactful. Whether you’re single, married, divorced, widowed, or in a domestic partnership, your relationship status cannot lawfully be used as a basis for workplace decisions.

Yet, the problem persists—sometimes subtly, sometimes openly. In a state known for its progressive employment laws, marital status discrimination remains one of the most underreported forms of workplace bias.

What Is Marital Status Discrimination?

Under the California Fair Employment and Housing Act (FEHA), employers are prohibited from discriminating against employees based on their marital status. This includes:

• Being single

• Being married

• Being divorced or separated

• Being widowed

• Being in a registered domestic partnership

The law applies to all aspects of employment: hiring, firing, promotions, job assignments, compensation, and working conditions.

It’s not just about hiring preferences. Marital status discrimination in California can also include workplace assumptions, stereotypes, and social exclusions that affect someone’s career trajectory or daily treatment.

Examples of Marital Status Discrimination

While less obvious than other forms of bias, this type of discrimination often hides in plain sight. Consider the following scenarios:

• A hiring manager passes over a single woman assuming she’ll “leave when she gets married.”

• A married man is offered a leadership position over a more qualified single coworker because he’s seen as “more stable.”

• Divorced employees are excluded from team events or promotions under the guise of “not being a good fit.”

• Domestic partners are denied spousal benefits offered to married employees.

Even offhand comments like, “You don’t understand because you’re single,” or “You’d be better at this job if you had a family to support,” can create a hostile or discriminatory work environment.

Legal Protections and Who They Apply To

FEHA covers employers with five or more employees, and the protections apply not only to current employees but also to job applicants. Importantly, marital status discrimination is unlawful regardless of whether the conduct is intentional or based on unconscious bias.

In California, this law is enforced by the Civil Rights Department (CRD), and victims can pursue administrative complaints or file civil lawsuits with the appropriate documentation and legal support.

What to Do If You Experience Marital Status Discrimination

If you believe you’ve been treated unfairly because of your marital status, it’s important to take strategic steps:

1. Document the Incidents – Keep a record of conversations, decisions, or actions that demonstrate bias. Include dates, people involved, and any supporting materials.

2. Report Internally – Notify your human resources department in writing. This creates a formal record and may resolve the issue.

3. File a Complaint with the CRD – If internal efforts fail, California’s Civil Rights Department offers a pathway to file a formal complaint. Complaints must usually be filed within three years of the last discriminatory act.

4. Consider Legal Representation – An employment attorney can help assess the strength of your case and guide you through the legal process.

Remedies for Victims

If your complaint is successful, you may be entitled to:

• Reinstatement if you were wrongfully terminated

• Back pay and lost benefits

• Compensation for emotional distress

• Punitive damages, where applicable

• Attorney’s fees and legal costs

These remedies not only compensate for financial and emotional harm but also serve to deter employers from engaging in or tolerating such discrimination.

A Cultural Shift Still Needed

Despite legal protections, many California employers lack awareness of what marital status discrimination looks like—or may overlook it entirely in internal policies. That’s why enforcement and awareness are so critical. Discrimination doesn’t always look like a pink slip. Sometimes, it’s a slow erosion of opportunity, respect, or inclusion.

Final Thought

In a diverse and modern workforce, no one should be judged—or limited—by their relationship status. California law recognizes this, but enforcement depends on employees understanding their rights and taking action when those rights are violated. If you believe you’ve been a target of marital status discrimination in California, the law gives you the tools to push back—and the power to demand fairness.