Court Clarifies Meaning of ‘Marital Status’ Under NYC Law

On April 8, the 2nd U.S. Circuit Court of Appeals ruled in favor of the defendant, Debmar-Mercury, supporting SHRM’s amicus position that the New York City Human Rights Law (NYCHRL) prohibition on marital status discrimination does not apply to being married to—or divorced from—a specific person. Instead, “marital status” refers broadly to being single, married, legally separated, divorced, or widowed.

Plaintiff Kelvin Hunter, who was married to and worked as an executive producer for TV host Wendy Williams from 2007 to 2019, was terminated a week after learning of her divorce filing in April 2019. He claimed his firing was due to his marital status, not performance, and sued Debmar-Mercury LLC, the production company for the show and Hunter’s former employer, for violating the NYCHRL. A district court denied the defendant’s motion to dismiss. On appeal, the 2nd Circuit upheld the New York State Court of Appeals’ interpretation that “marital status” refers to being married, divorced, etc., not one’s relationship with a specific person, and remanded the case for further review.

SHRM, in its amicus briefs, argued that interpreting “marital status” as Hunter proposed would lead to confusion and unnecessary litigation. SHRM emphasized that laws such as the NYCHRL should be understood according to their plain meaning to avoid ambiguity, especially in cases involving individual liability. This interpretation ensures clarity for both employers and employees regarding their rights and responsibilities under the law.

The case is now remanded to the district court with instructions to reconsider the motion to dismiss.