Marital Status Discrimination

Marital Status Discrimination at Work: Know Your Rights

If you believe you’ve been treated unfairly at work because you’re married, single, divorced, separated, or widowed, you may have a legal claim — but which law protects you depends heavily on where you work. The right path forward depends on where you work and who you work for. For a general overview of how DC, Maryland, and federal employment law differ, see our Employment Discrimination overview. This page covers what’s specifically distinctive about marital status discrimination claims.

What Is Marital Status Discrimination?

Marital status discrimination happens when an employer treats you unfairly because of your marital status. This can include:
  • Being passed over for hiring or promotion because you’re single, married, or divorced
  • “No-spouse” or anti-nepotism policies that prohibit employing or supervising a spouse
  • Denying benefits available to married employees
  • Harassment or disparaging comments about your marital status
  • Retaliation against an employee who reports marital status discrimination

Federal Law Does Not Directly Protect Marital Status

This is an important gap to understand: Title VII of the Civil Rights Act does not list marital status as a protected trait, and no other general federal employment law fills that gap for private-sector workers. Marital status discrimination is a matter of state and local law — which is exactly why where you work matters so much for this particular claim.
There’s an important indirect protection, though. The EEOC has stated that asking about marital status, children, or childcare arrangements during a job interview can be evidence of intent to discriminate based on sex. And “no-spouse” policies that disproportionately affect women — for example, if a policy in practice results in more women than men being pushed out when a workplace romance or marriage develops — can support a sex discrimination claim under Title VII, even without a marital-status-specific law.

Federal Employees Are a Different Story

Unlike private-sector workers, federal government employees are protected from marital status discrimination directly — through the Civil Service Reform Act, a separate federal statute specific to federal civil service employment. See our federal employees page below for details.

Which Laws Apply to You?

Select the situation that matches yours:

I work for a private employer or local government in Washington, DC

DC has protected marital status since the DCHRA’s original 1977 enactment, covers employers of any size, and allows uncapped compensatory and punitive damages. Learn about marital status discrimination protections in DC

I work for a private employer or local government in Maryland.

Maryland has protected marital status under FEPA for decades, with its own filing process and deadlines. Learn about marital status discrimination protections in Maryland

I am a federal government employee.

Federal employees are protected under the Civil Service Reform Act rather than Title VII, and follow the federal EEO or MSPB process depending on the type of claim. Learn about marital status discrimination protections for federal employees

What Compensation or Remedies Are Available?

While the specific process and damages differ significantly by jurisdiction — more so for this topic than most, given the lack of a general federal law — workers who prove marital status discrimination may generally be entitled to:
  • Reinstatement or a comparable position
  • Back pay for lost wages
  • Front pay, in some cases
  • Compensatory damages, including for emotional distress
  • Punitive damages, in cases involving egregious or malicious conduct
  • Attorney’s fees and costs

Talk to a Marital Status Discrimination Attorney

This is an area where jurisdiction matters more than almost any other topic on this site, since there’s no general federal law to fall back on. If you believe you’ve experienced marital status discrimination — in DC, Maryland, or as a federal employee — Wilkenfeld Law Office can help you understand your rights and options.
Schedule a consultation

Or call 301.245.3035 . Intake@WilkenfeldLO.com

This article provides general information and is not legal advice. Contacting us does not create an attorney-client relationship.
Reviewed by Ari Wilkenfeld, Esq. (DC Bar No. 461063; MD Bar No. 9806240300). Ari has over 27 years of experience litigating in federal and state courts, and before the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Merit Systems Protection Board (MSPB), and various arbitration panels. Ari has been recognized by Esquire Magazine as “a famously determined Civil Rights lawyer” and by the New York Post as “a high powered DC Lawyer.” Last updated: August 28, 2026.
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