Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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Tuesday, July 1, 2014

Employee in Process of Getting Divorce Protected From Marital Status Discrimination

In a major ruling, the NJ Appellate Division held that an employee who was going through a divorce stated a cause of action for marital status discrimination. Smith v. Millville, (June 27, 2014). As the court explained:

        "Marital status" necessarily embraces stages preliminary to
        marriage — one's engagement to be married. The term also covers
        stages preliminary to marital dissolution — separation and
        involvement in divorce proceedings. The apparent purpose of the
        ban on marital-status-based discrimination is to shield persons
        from an employer's interference in one of the most personal
        decisions an individual makes — whether to marry, and to remain
        married. 

This is an important issue. Law review commentary on this most important topic would be most welcome.

Mitchell H. Rubinstein

http://lawprofessors.typepad.com/adjunctprofs/2014/07/employee-in-process-of-getting-divorce-protected-from-marital-status-discrimination.html

Employment Discrimination, Law Review Ideas | Permalink

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