My fiancee and I have worked in the same department for 6 years and almost everyone including management was aware of the relationship now that we are getting married our manager has asked one of us to change departments however there are several employees in the same department who are related and work on the same shift and at times on the same days side by side. We have never had a problem prior to this and both have relatively clean records at work. the issue was brought up when we both requested days off for our wedding day (we are in a same sex relationship). Our relationship has never caused a problem and as per our clean records has not affected our performance at work
Unless you have a union contact or an employment contract that provides otherwise, management always has the plenary right to assign employees wherever and however management chooses. Management does not need a factual basis, justification, or anything constituting cause.
New York City has some of the most comprehensive discrimination laws in the county. Although the particular facts of each person's situation are important. the NYC Administrative Code in general prohibits discrimination on the basis of "marital or partnership status."
I agree with both of my colleagues - NYC has great discrimination protections, but the employer has the right to request such changes for any (or no) reason at all.
As to your passive allusion to discrimination based on same-sex status, I think you have a hard case to prove it when such changes are routine for opposite-sex couples in the employ of the same company. Most often this is to prevent any potential for abuse of position resulting from being in the same department and any appearance of the same that would give fellow employees a basis to sue.
Besides, now that you're married, why the need to stay in the same department? Seems like an unreasonable request, and a jury would probably think so, if the matter ever even got to trial on such a discrimination claim.
Sometimes a lawsuit is not the answer.
You may have a claim for sexual orientation discrimination if opposite-sex married couples are not required to work in different departments. If so, consult with an employment attorney as soon as possible.
