May 2009
Interpreting a provision of the Minnesota Human Rights Act (MHRA) that prohibits discrimination against an employee based on his or her marital status, a federal court recently found that the termination of a husband and wife by the same company did not alone constitute discrimination based on their marital status. The facts of the case are fairly straight-forward. The company employed both the husband and wife as managers at one of its facilities. Both were eventually terminated by the company and the wife filed suit against the company claiming that she was fired solely because she was married. The company countered that she was selected for termination for legitimate reasons having to do with some performance issues. The court ruled against the former employee, finding that there was no evidence linking the termination decision with her status as being married.
Employers in Minnesota are reminded that the state protects individuals from marital discrimination, in addition to the myriad of other state and federally protected statuses. While marital discrimination claims are scarce, it is no less of a legitimate cause of action which could be pursued against a company. Thus, employers are reminded to base hiring decisions and adverse actions against employees on legitimate business reasons and not because of an employee’s protected status, including whether he or she is married.
Questions? Please contact WS Shareholder and Senior Attorney Kevin Mosher in our Minneapolis, MN office at (952) 746-1700, or kevin.mosher@wesselssherman.com.
