Marital Status Discrimination

Married, single, divorced, widowed — none of it should affect your pay, your promotions, or your standing at work. If it did, that may be against the law.

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What is marital status discrimination?

Marital status discrimination is when an employer bases job decisions on whether you’re married, single, divorced, or widowed. Refusing to hire someone because they’re a single parent, or treating married employees differently, can qualify. It’s specifically protected under the Minnesota Human Rights Act and the Illinois Human Rights Act, though not under federal law.

Whether you’re single, married, divorced, or widowed, it shouldn’t shape how you’re treated at work — but sometimes it does.

How marital status discrimination shows up at work

  • You’re not hired because you’re a single parent

  • You’re passed over because a boss assumes married workers are “less flexible”

  • Your spouse’s job or employer becomes a factor in decisions about you

  • You’re treated differently after a divorce becomes known

  • Benefits or opportunities shift based on your marital status

  • Assumptions about your home life stand in for your actual performance

Federal and state protections

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What the law says about marital status discrimination

Federal

Federal law does not specifically prohibit marital status discrimination in private employment, which is why state protections matter most here.

Minnesota

The MHRA explicitly lists marital status as a protected characteristic and prohibits discrimination based on whether you’re married, single, divorced, or widowed.

Learn more

Illinois

The IHRA explicitly prohibits discrimination based on marital status.

Learn more

Not sure which law applies to your situation? That’s what we figure out with you.

What a marital status discrimination case can recover, if your case is successful:

  • Back pay for wages you lost
  • Front pay for future wages
  • Reinstatement to your job (if that’s what you want)
  • Compensation for emotional distress
  • Punitive damages against the employer (in serious cases)
  • Attorney’s fees and costs

Every case is different. What you can recover depends on the facts, the law, and the employer’s conduct.

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*Prior results do not guarantee a similar outcome.

How we handle marital status discrimination cases

Every case starts with a free call. We listen first. If you have a case, we tell you what it looks like — what’s likely to happen, how long it might take, what’s realistic. If you don’t have a case, we tell you that too and try to point you toward someone who can help.

On contingency, you pay nothing unless we win.

Attorneys who handle these cases

Meet the full team
Shawn Wanta, Founding Partner at Wanta Thome

Shawn Wanta

Founding Partner

Recognized among the nation’s Top 100 Civil Plaintiff and Top 10 Wage and Hour attorneys, a determined litigator fighting for workers in class and collective actions.

Admitted in MN · IL

Joni Thome, Founding Partner at Wanta Thome

Joni Thome

Founding Partner

Drawing on 25 years of representing professionals and managers, a steady advocate for employees facing discrimination, harassment, and retaliation in the workplace.

Admitted in MN

Suzanne Heywood, Attorney at Wanta Thome

Suzanne Heywood

Attorney

Driven by her own encounters with corporate unfairness, a tenacious champion focused on protecting the rights, livelihoods, and futures of hardworking professionals.

Admitted in IN · IL · MI

Luke Molvarec, Attorney at Wanta Thome

Luke Molvarec

Attorney

Forged by his background as a Marine, an unwavering defender fighting to level the playing field and secure meaningful financial recovery for unfairly treated workers.

Admitted in IL

Common questions about marital status discrimination

  • Is marital status discrimination illegal?

    In Minnesota and Illinois, yes — both explicitly protect marital status. Federal law generally doesn’t, which is why state protections matter most here. If you were treated worse for being married, single, divorced, or widowed, state law may apply.

  • What does marital status discrimination look like?

    Examples include not being hired because you’re a single parent, being passed over because a boss assumes married workers are “less flexible,” or being treated differently after a divorce. Decisions based on your marital status rather than your work are the core of these claims.

  • Can my employer make decisions based on my spouse’s job?

    Sometimes that’s unlawful. Anti-nepotism rules are allowed in some forms, but decisions driven by who your spouse is, or where they work, can cross into marital status discrimination depending on the circumstances and state law.

  • Is it discrimination if I’m treated differently after a divorce?

    It can be. If your treatment at work changed once a divorce became known — worse assignments, exclusion, or a sudden shift in reviews — that may be marital status discrimination under state law.

  • Why isn’t marital status covered by federal law?

    Federal anti-discrimination law doesn’t list marital status as a protected characteristic. But Minnesota and Illinois both do, so workers in these states have protections that don’t exist everywhere. That’s why identifying the right law matters.

See all discrimination FAQs

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Common questions

How much is a marital status discrimination case worth?

It depends on your losses and the employer’s conduct — back pay, future pay, emotional distress, and attorney’s fees. We’ll assess yours honestly once we understand the facts.

How long do I have to file a marital status discrimination claim?

State deadlines apply, and they vary. Because these are primarily state-law claims, reach out early so we can identify the correct filing window.

Do I need to file with the EEOC first?

Often, yes — Minnesota and Illinois have their own human rights agencies. We identify the right path and handle the filing for you.

Do I need a lawyer for a marital status discrimination claim?

Because these are state-specific claims, a lawyer who knows Minnesota and Illinois law helps you avoid missteps, with no upfront cost on contingency.

Can I still have a case if I’m still employed?

Yes. Being passed over or treated worse because of your marital status while still working can support a claim.