Discrimination/promotion denial based on marital status

a person is getting promoted out of a job to a better position because ‘the
job is too hard and he has a wife and a kid.’ anything a current employee can
do in this case? No written evidence is available.

Asked on May 16, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In your state (California), the California Fair Housing and Employment Act makes it illegal to discriminate in employment due to marital status; promoting a person because he is married could every easily be illegal employment discrimination. Another worker (e.g. one not promoted) could contact the California Department of Fair Employment & Housing to inquire into filing a discrimination complaint.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.