Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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

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

Mitchell H. Rubinstein

Employment Discrimination, Law Review Ideas | Permalink


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