Can your marital status affect your job? In Hawaii, employers generally cannot treat workers differently because they are married or unmarried. This protection can apply when someone applies for a job or works for an employer.
What is marital status discrimination?
Marital status discrimination occurs when an employer bases an employment decision on whether a person is married, single, divorced or has another marital status. This type of treatment can affect hiring, promotions, pay, job duties or other workplace decisions.
For example, an employer is prohibited from denying a qualified worker a promotion because the worker is single. An employer is also legally not allowed to offer different job benefits based only on whether a worker is married.
Under Hawaii law, marital status is a protected category in employment. The law also limits certain questions an employer may ask a job applicant about personal matters.
What can discrimination look like?
Marital status discrimination can happen in several ways. Examples include:
- Refusing to hire someone because they are single
- Denying a promotion because someone is married
- Offering different benefits based on marital status
- Giving married workers better job opportunities
- Using information about marriage or divorce when making a hiring decision
Federal law does not generally list marital status as a separate protected category. However, a workplace decision may raise other legal issues if it also involves another protected trait. The facts of each situation matter.
What should employees know?
Not every work decision involving marital status is illegal. The main issue is whether an employer treated someone differently because of that person’s marital status.
Employees can keep copies of emails, messages and other work records. They can also write down comments or events that may help explain what happened.
Knowing your rights can help you recognize possible discrimination. It can also help you make informed choices if you believe your marital status affected a workplace decision.