What is the limits of what is acceptable for a boss to say?

I have been asked by my company to work out
of state for the next 8 months. When I asked if
rotations home would be provided, the project
manager for the site said no. I stated 8 months
away from my family could cause hardship, to
which he replied ‘then your marriage must
have a lot of problems’. Is this acceptable???

Asked on September 18, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

This is legal, unfortunately. Your state does prevent *discrimination* on the basis of marital status, but that would be something like treating married people differently (either better or worse) than unmarried. But making an unfair or inappropriate comment about the quality of your individual marriage is not to discriminate because you are married. It is inappropriate, as stated, and unprofessional, unfair, etc.--but legal.

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