Relationship problems. Employer’s liability for marital discrimination?
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MIDDLEMISS, S., 2015. Relationship problems. Employer’s liability for marital discrimination? Common Law World Review, 44 (1), pp. 51-70.
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.