Even though divorce rates have declined in the United States over the past decade; marital breakups are still quite common. Any individual who has been through a divorce can attest that a divorce affects  every aspect of life. With all the consequences that a divorce brings, it should never impact a person’s potential to retain or secure employment. As a matter of fact, discriminating against a divorced individual is illegal t, especially in Boston, MA. 

What Is Marital Status Discrimination? 

As cited by every licensed workplace harassment lawyer, it is based on the marital status of a person and can occur at any point in the employment phase. A prospective employer may ask whether you are married in the interview or may refuse to offer you a job position just because you are divorced. In any situation, discrimination against divorced people is generally considered illegal. Some possible examples are: 

  • Passing over a divorced employee for promotion and instead giving the promotion to  a less qualified employee. 
  • Taking a strict employment action against the divorced employee, including termination, reassignment, or demotion. 
  • Making the workplace culture aggressive by making derogatory comments about a divorced teammate. 
  • Excluding single parents from hiring profiles. 
  • Assigning overly strict work schedules to divorced employees. 
  • Acting against other employees who oppose marital status discrimination in the workplace. 

How Can You Prove Marital Status Harassment In The Workplace?

This form of harassment is often very difficult to prove. A divorced individual may only be able to cite the fact that he or she was passed over for a promotion, or that an employer refused to hire them. Even so, an employer that hires or promotes married/single individuals instead of a divorced person may be held responsible for marital status harassment. 

How Can An Employment Discrimination Lawyer Help? 

Maybe your employers or coworkers have harassed you about your marital status, leaving you feeling unsafe and vulnerable. This situation can be quite upsetting and stressful. If you suspect that you have been the victim of this type of harassment at the workplace, the best thing you can do is to speak to an experienced workplace harassment lawyer about your case, a lawyer who understands the complexities of similar cases and can assist you throughout the process to achieve a fair outcome. 

A lawyer specializing in workplace harassment cases will have in-depth knowledge regarding what behaviors and actions are discriminatory and will assess your situation to evaluate whether or not you have a valid case. At Swartz Law, our lawyers also understand the hard work that goes into such cases – they will review your case, assess the losses/damages you have faced, and determine what amount of compensation will be adequate. 

Do You Need Any Evidence To Prove Your Case? 

Of course, if your case is valid and you seek to win the case, you will need evidence proving that you have suffered workplace harassment because of your marital status. While you might understand that evidence is necessary, you might not be aware of what exactly evidence entails. Honestly, gathering evidence can be tough, especially when you don’t know what type of evidence your case may need. Not to worry, a lawyer can tell you what type of evidence such cases require and how to obtain that evidence if you don’t already have access to it. 


There are numerous benefits of having a workplace harassment lawyer to represent you. For example, if you have undergone harassment or discrimination regarding your marital status, a lawyer can assist you with the process and help you get through it. The legal process can be extremely complicated; however, our lawyers will always do everything possible to help you achieve a positive outcome.

For more information on our services, arrange an appointment with one of attorneys in our Boston office by calling (617) 742-1900, or toll-free at 1-800-545-3732.


Need Help?

If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.

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About the Author: James Swartz
Mr. Swartz, our Managing and Principal Attorney at Swartz & Swartz P.C., is a nationally recognized and respected trial attorney as well as consumer advocate. His practice focuses on cases involving negligence, torts, products liability, medical malpractice, wrongful death, and other claims involving catastrophic injuries.

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