Does a persons marital status qualify under a protected class concerning employment?

Answer 1

No, marital status is not a protected class. However, such issues as child bearing, sexual orientation, or a perception of disability are all statuses that many do not realize qualify for protection. Generally speaking, protected statuses are those one has no control over such as race, gender, age (over 40), etc. Issues one has control over such as marital status, state of residence, or clothing choices are not protected unless they create a disparate impact. A disparate impact is created by a policy that on the surface seems neutral but impose a negative impact on a protected group. An example of this would be a policy that requires every employee to be at least 5" 10"; this policy would eliminate many women and minorities. An exception to this would be a requirement necessary for completion of the job.

Actually, in many jurisdictions, marital status is a protected class, and discrimination based on marital status is illegal. In others, while not a protected class, martial status has some protections regarding employer's ability to discriminate based on it.

You would need to talk to a lawyer specializing in Labor in your state to see what that state's employment laws cover regarding marital status discrimination.