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State Statutes Prohibiting
Marital Status Discrimination
in Employment

State Year MS Added Statute Number Wording Pertaining to Compensation Discrimination

It 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

 

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