Relationship problems: employer's liability for marital discrimination?

Middlemiss, Sam

Abstract

This paper involves analysis of the law covering discrimination in the workplace against workers who have entered into a formal marriage or a civil partnership, referred to here as marital discrimination. It also looks at the law dealing with discrimination against single workers. The case law in the United Kingdom concerning both these issues is considered and the protection under the law of the European Union and human rights legislation is analysed. In addition, the legal treatment of discrimination in the workplace against people who have entered into a heterosexual or same-sex marriage in the United States is considered. Recommendations are made for changing the law in both the UK and the US in light of the unclear legal rules and inadequate protection in both jurisdictions for victims of marital and singles discrimination.

Citation

MIDDLEMISS, S. 2015. Relationship problems: employer's liability for marital discrimination? Common law world review, 44(1), pages 51-70. Available from: https://doi.org/10.1177/1473779514564560

• Journal Article Type: Article
• Acceptance Date: Feb 24, 2015
• Online Publication Date: Feb 24, 2015
• Publication Date: Mar 1, 2015
• Deposit Date: Mar 24, 2015
• Publicly Available Date: Mar 24, 2015
• Journal: Common law world review
• Print ISSN: 1473-7795
• Electronic ISSN: 1740-5556
• Publisher: SAGE Publications
• Peer Reviewed: Peer Reviewed
• Volume: 44
• Issue: 1
• Pages: 51-70
• DOI: https://doi.org/10.1177/1473779514564560
• Keywords: Marriage; Status; Discrimination; Employment; Rights; UK; US
• Public URL: http://hdl.handle.net/10059/1172