There isn't precedent for discrimination based on the gender of spouse specifically. In general, to answer the question "Is it discrimination?" It's helpful to

There isn't precedent for discrimination based on the gender of spouse specifically. In general, to answer the question "Is it discrimination?" It's helpful to apply the replacement test: if it were someone else who differed in only one non-work related aspect, would that person receive the same outcome? I think what you're trying to get at in your edit is more in line with Pre-Employment Inquiries and Marital Status. [0]. The EEOC puts it this way: "It is clearly discriminatory to ask such questions only of women and not men (or vice-versa). Even if asked of both men and women, such questions may be seen as evidence of intent to discriminate against, for example, women with children." There established precedent for "sex-plus" discrimination [1], whereby the claimants sex "plus" another factor brings it closer to a Title VII claim. The TL;DR answer to your question is that nobody has brought a case (that I can find) with those particular details, but you can't treat men differently than women and vice-versa, and that includes gay and trans men and women [0]https://www.eeoc.gov/pre-employment-inquiries-and-marital-status-or-number-children https://www.eeoc.gov/pre-employment-inquiries-and-marital-st... [1]https://www.businessmanagementdaily.com/52309/title-vii-sex-discrimination-can-include-marital-status/ https://www.businessmanagementdaily.com/52309/title-vii-sex-...