KEY TAKEAWAYS
-
In Hunter v. Debmar-Mercury, the Second Circuit clarified the scope of marital status discrimination under the New York City Human Rights Law
-
Marital status discrimination refers to discrimination based on an employee’s status as married, unmarried, or divorced, and not on an employee’s relationship to a specific person
-
Employers should be mindful not to discriminate when making employment decisions, regardless of an employee’s marital status
The U.S. Court of Appeals for the Second Circuit on April 8, 2025, clarified the scope of “marital status” discrimination under the New York City Human Rights Law (NYCHRL). In Hunter v. Debmar-Mercury LLC, et al., the Second Circuit held that discrimination based on “marital status” refers to discrimination based on an individual’s status as married, or not, and does not extend to employment decisions based on an individual’s relationship to a particular person.
In Hunter, the plaintiff served as the executive producer of The Wendy Williams Show from November 2007 until April 2019. During that time, he was married to Wendy Williams, the show’s host. In April 2019, Williams filed for divorce, and within a week, the plaintiff was terminated from his position. The plaintiff alleged he was terminated “solely because of his marital status to Williams and not for any performance-based reasons.”
The plaintiff sued Debmar-Mercury LLC and its principals, claiming his termination was in violation of NYCHRL §8-107(1)(a), which prohibits an employer from discriminating against an employee based on an employee’s “marital status.” The defendant filed a Motion to Dismiss, arguing the NYCHRL did not cover discrimination based on an employee’s marital status in relation to a specific person.
Historically, New York courts have interpreted “marital status” narrowly, to mean discrimination based on an individual’s “status as married, or not, and does not extend to acts undertaken because of whom an individual has, or has not, married.”
However, the Southern District of New York denied the defendant’s Motion to Dismiss, relying on Morse v. Fidessa Corporation, an intermediate appellate state court decision. In Morse, the court held that two amendments to the NYCHRL expanded the scope of “marital status” discrimination to include discrimination based on the identity of an individual’s spouse. While the District Court noted it was skeptical of the Morse decision, it felt compelled to follow Morse because it lacked “persuasive evidence” that the New York Court of Appeals would reject Morse. The defendant appealed the District Court’s decision.
The issue before the Second Circuit was whether the NYCHRL protection against “marital status” discrimination extends to adverse actions taken against an employee because of the “employee’s marital status in relation to a particular person.”
The Second Circuit vacated the District Court’s decision and remanded the case to the District Court. The Second Circuit relied on McCabe v. 511 West 232nd Owners Corp., which held that “marital status” under the NYCHRL “reflects the legal condition of being single, married, legally separated, divorced or widowed.” Therefore, the McCabe court maintained that “marital status” pursuant to the NYCHRL refers to “whether a person is participating in a marriage, not the nature of one’s relationship with another specific person.”
In Hunter, the Second Circuit determined that the plaintiff could not sustain a claim under the NYCHRL because he did not allege that he was terminated based on his marital status as married, unmarried, or divorced, but rather he claimed that his termination was due to his marital status specifically to Wendy Williams.
New York City employers should ensure that all employment decisions are made for legitimate, non-discriminatory reasons and are well-documented. However, it is helpful to understand that “marital status” discrimination under the NYCHRL is narrowly defined and is limited to discrimination based on an employee’s status as married, unmarried, or divorced, and not based on an employee’s relationship to a specific person.
