Colorado workers are legally protected from discrimination in the workplace. You are probably familiar with certain types of discrimination, such as race, gender or age discrimination. These characteristics are known as protected classes.
A recent Colorado law now protects you from marital status discrimination. Although marital status is not considered a protected class under federal law, it is a protected class under Colorado’s POWR Act, which went into effect in August of 2023.
It is important to understand what marital status discrimination means and what it looks like in the workplace. Being a victim of marital status discrimination can cost you a lot, including your job, and the POWR Act recognizes this and offers you protection.
Marital status discrimination means treating employees or job applicants unfairly or poorly because of their marital status.
What marital status discrimination looks like
Common examples of marital status discrimination include firing an employee for getting married, refusing to hire someone because they are married. You can also be a victim of marital status discrimination if you are single. For example, your employer might offer certain benefits to married employees only.
Marital status discrimination can occur at any stage of employment, including in the hiring process. An employer should not ask questions about your marital status in pre-employment interviews.
These questions include more than simply asking if you are married. Questions about marriage plans, your pregnancy status, the number or age of your children could be considered marital status discrimination. Specific questions about your spouse could be discriminatory.
A potential employer may believe that they are making small talk, but they should not ask your spouse’s name or about their employment status during a job interview. This could be a sign that they are judging you as an employment candidate based on who you married and what they do for a living, which is illegal.
Other forms of marital status discrimination might be more subtle. An employer who asks about a maiden name or compliments an engagement ring could be engaging in marital status discrimination.
Marital status discrimination does not always apply to getting married
An employer should not comment on or adjust working conditions due to changes in marital status for reasons such as death or divorce. Sometimes your employer’s actions are done with good intentions, such as changing your shifts to accommodate a new schedule after a divorce.
If you pursue a discrimination claim, you must prove intent. Before assuming that what you are experiencing is discrimination, talk with your human resources department or appropriate manager and explain the situation. If you do not receive a satisfactory response or no action is taken, it might be time to explore other options.
Unfortunately, despite new laws, some employers continue to give preferential treatment to employees or potential employees based on their marital status. Signs of marital status discrimination are not always obvious, so it is important to review your situation with a professional.
A successful claim based on marital status discrimination could result in recovery of back pay, front pay, attorney fees, court costs or other damages.