In a lawsuit based on employment discrimination, it is not an unlawful employment practice for an employer, employment agency, labor organization, or joint labor-management committee to take or fail to take any action on the basis of marital status if that status is prohibited under its anti-nepotism policy. Pursuant to Florida Statute § 760.10 (8)(d), employers who utilize such anti-nepotism policies are protected from any liability for terminating or refusing to hire a person because that person is married to another employee. For instance, a county did not discriminate against former correctional officer simply because she was married, in violation of Florida Civil Rights Act, but rather fired her because she fraternized with inmate and then married him. Additionally, the Florida Civil Rights Act does not recognize a cause of action for marital status discrimination where the discrimination is allegedly based on the actions of the claimant's spouse, rather than on the marital status of the claimant. Furthermore, an actionable employment discrimination claim cannot arise on the basis of the specific identity of an individual's spouse. For example, an employee who was terminated because she married one of the three partners of the company, was not a victim of employment discrimination where the termination was not based on the employee's membership in the protected class of married persons, but on the specific identity of her spouse.

A cause of action for employment discrimination may have many complex issues. Therefore, you should consult with an experienced West Palm Beach employment discrimination lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.