State Statutes Prohibiting
Marital Status Discrimination
in Employment
| State | Year MS Added | Statute Number | Wording Pertaining to Compensation DiscriminationIt is unlawful for an employer to: | Exception for Benefits |
| Alaska | 1975 | SLA 1975, ch. 104, § 9 (AS 18.80.220) |
"discriminate against a person in compensation or in a term, condition, or privilege of employment because of the person's ... marital status ...." | No |
| California | 1976 | Stats.1976, c. 1195, § 5 (Gvt. Code § 12940) |
"because of the ... marital status ... of any person, to discriminate against the person in compensation or in terms, conditions, or privileges of employment." | Yes, on the basis of marital status only (included in 1976 law) |
| Connecticut | 1975 | 1975, P.A. 75-446, § 2 (C.G.S.A. § 46a-60) |
"discriminate against him in compensation or in terms, conditions or privileges of employment because of the individual's ... marital status ...." | Yes, on the basis of age only |
| Delaware | 1984 | 64 Del.Laws, c. 333 (19 Del.C. § 711) |
"discriminate against any individual with respect to compensation, terms, conditions or privileges of employment because of such individual's ... marital status ...." | Yes, on the basis of age and sex only |
| Florida | 1977 | Laws 1977, c. 77-341, § 6 (Fl.St. 760.10) |
"discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's ... marital status ...." | Yes, on the basis of productivity only |
| Hawaii | 1988 | L 1988, c 219, § 1 (Hi.St. § 368-1) |
"[T]he practice of discrimination because of ... marital status ... in employment ... is against public policy." | No |
| Illinois | 1980 | P.A. 81-1216, § 1-102 (Il.St. Ch. 775, 5/1-102) |
"It is the policy of this State ... to secure for all individuals within Illinois the freedom from discrimination against any individual because of his or her ... marital status ... in connection with employment ...." | No |
| Indiana | 1976 | Acts 1976, P.L. 100, § 1 (In.St. 20-6.1-6-11) |
"Neither a governing body nor its agent may make or enforce any rule or regulation concerning the employment of teachers which discriminates in any manner because of marital status." | No |
| Maryland | 1974 | 1974, ch. 601; ch. 875, § 1 (Md.Code 1957, Art. 49B) |
"to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's ... marital status ...." | Yes, unless it is a subterfuge |
| Michigan | 1976 | P.A.1976, No. 453, § 202 (Mi.St. 37.2202) | "discriminate against any individual with respect to employment, compensation, or a term, condition, or privilege of employment because of ... marital status." | Yes, for retirement benefits only, unless it is a subterfuge |
| Minnesota | 1973 | Laws 1973, c. 729, § 3 (Mn.St. 363.03) |
"because of ... marital status ... to discriminate against any person with respect to hiring, tenure, compensation, terms, upgrading, conditions, facilities, or privileges of employment." | No |
| Montana | 1974 | L. 1974, ch. 283, § 2 (Mt.St. 49-2-303) |
"discriminate against a person in compensation or in a term, condition, or privilege of employment because of ... marital status ... when the reasonable demands of the position do not require ... marital status ... distinction." | Yes, on the basis of marital status only (added in 1990) |
| Nebraska | 1977 | Laws 1977, LB 161, § 6 (Ne.St. 48-1104) |
"discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of such individual's ... marital status ...." | No |
| New Hampshire | 1975 | L. 1975, 24:1-6, 476:1-7 (NH St. 354-A:7) |
"because of the ... marital status ... of any individual ... to discriminate against such individual in compensation or in terms, conditions or privileges of employment ...." | No |
| New Jersey | 1970 | L. 1970, c. 80, § 14 (NJ St. 10:5-12) |
"because of the ... marital status ... of any individual ... to discriminate against such individual in compensation or in terms, conditions, or privileges of employment ...." | No |
| New York | 1975 | L. 1975, c. 662, § 1; c 803, §§ 3-10 (NY Exec 296) |
"because of the ... marital status of any individual, ... to discriminate against any such individual in compensation or in terms, conditions or privileges of employment." | No |
| Oregon | 1977 | L. 1977, c. 770, § 1; c. 801, § 1a (Or.St. 659.030) |
"because of an individual's ... marital status ... to discriminate against such individual in compensation or in terms, conditions or privileges of employment." | No |
| North Dakota | 1983 | S.L. 1983, ch. 173, § 1 (ND St. 14-02.4-01) |
"It is the policy of this state to prohibit discrimination on the basis of ... status with regard to marriage ... in employment relations ...." | No |
| Virginia | 1987 | L. 1987, c. 581 (Va.St. 2.1-715) |
"It is the policy of the Commonwealth ... to safeguard all individuals ... from unlawful discrimination because of ... marital status ... in employment ...." | No |
| Washington | 1973 | Laws 1973, ch. 141, § 10 (Wa.St. 49.60.180) |
"discriminate against any person in compensation or in other terms of conditions of employment because of ... marital status ...." | No |
| Wisconsin | 1981 | Laws 1981, ch. 386, § 3; ch. 334, § 22 (Wi.St. 111.31) |
"discriminate in employment against properly qualified individuals solely because of their ... marital status ...." | No |