Marital Discrimination Lawyers Based in Miami-Dade County
While marital status discrimination is not specifically protected under federal or Florida law, there are several scenarios in which marital status discrimination may arise. For example, discrimination based on sex, which is covered by both federal and state laws. The applicable federal law is Title VII of the Civil Rights Act of 1964 (“Title VII”), and the equivalent state law is the Florida Civil Rights Act (“FCRA”). Both statutes apply to employers with 15 or more employees.
An example of marital status discrimination that could fall under sex discrimination would be if, during an interview, an employer refused to hire a female candidate who was a newlywed for fear that she would soon become pregnant and need time off from work. The female candidate could find relief under Title VII and the FCRA for a discrimination claim based on her sex.
Additionally, there are county and local ordinances which prohibit marital status discrimination. For instance, in Miami-Dade County (which applies to employers that have 5 or more employees), the ordinance specifically provides that it is unlawful “to fail or refuse to hire or refer for employment or to otherwise discriminate against any individual” because of that individual’s marital status. See Miami-Dade County Code § 11A-26(1)(a). Miami-Dade County defines “marital status” as “the state of being married, unmarried, single, divorced, separated or widowed, and the conditions that may be associated therewith, including pregnancy and parenthood.” Id. at 11A-2(14).
Marital status discrimination claims are very fact specific. Lawyers from BT Law Group have extensive experience advising clients about, and litigating, claims of marital status discrimination. If you believe you have been discriminated against because of your marital status, please contact the attorneys at BT Law Group for a consultation.