Can Your Spouse’s Job Cost You Yours?
Not In Minnesota.
When many people hear marital status discrimination they think of only what the name implies – treating someone differently because they do or do not have a spouse. But actually, it encompasses much more.
Aase v. Wapiti Meadows Community Technologies & Services, Inc. is a perfect example of the extended protection provided by the Minnesota Human Rights Act.
The employee was a mental-health practitioner at one of two employment-counseling services in the county. Her husband, a human-resources coordinator, was asked to serve on an advisory board for the other service.
Due in part to the strained relationship between the two services, her employer concluded that the husband’s position would violate their conflict-of-interest policy. The employee was told that either her husband needed to resign the position or she would be fired the next morning.
The Minnesota Human Rights Act was revised in 1988 to define “marital status” to include “protection against discrimination on the basis of identity, situation, action, or beliefs of a spouse or former spouse.” Minn. Stat. 363A.03, subd.24. This includes discriminating against one spouse because of where the other is employed – even if it is a competitor.
It’s important to note, the employer also made an argument that the employee was terminated because she failed to cooperate with their attempt to mitigate a potential conflict of interest by refusing to provide information about the husband’s position. However, her termination letter doesn’t mention this reasoning and the ultimatum given by the employer seems to indicate this is only a pretext. The case has been remanded for a final decision.
If you have been terminated or discriminated against in any way by your employer due to the work, actions or beliefs of your spouse, contact a Minneapolis employment law attorney with LeBlanc Law & Mediation at 612-819-9652 to discuss your rights.
