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Title VII sex discrimination can include marital status

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in Centerpiece,Discrimination and Harassment,Employment Law,Human Resources

Title VII does not specifically list marital status as the grounds for a sex discrimination lawsuit. But that doesn’t mean marriage cannot play a role in Title VII sex discrimination cases.

There is a case category generally referred to as “sex-plus discrimination” that can include discrimination based on a combination of the sex of the employee/applicant, plus another factor. Thus, if an employer treats married women differently than married men, the sex treated less favorably may have a sex-plus marital-status case.

Here’s how that played out in a recent 3rd Circuit Court of Appeals case.

Recent case: Charles is part-owner of an adult entertainment business, Adult World. Kymberley, who was a single mother of four when she met Charles, first worked for him as a house cleaner. During that time, they developed a personal friendship, which culminated in their having sex. After that one-time incident, the two remain...(register to read more)

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