Privacy Issues in the Community College Workplace

Once it is determined that a legally recognized conflict-of-interest problem exists because of the relationship, explore all options, and take action that is non-discriminatory.

 Consider reassignment or transfer options.

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Consult affected individuals.

Make the reassignment, transfer or termination action based on preferences of employees involved, or, if none, then on objective standards (personnel rules, memorandum of understanding, other relevant statutes, rules or regulations, past practice, seniority).

Marital Status Provides Unfair Commission Advantage The DFEH upheld an insurance company employer’s denial of a position to the spouse of one of its salespeople. This was based upon a concern that spouses might pool sales by reporting the sale under one of the spouse’s names to increase commissions. 482 Marital Status Creates Access to Personnel Information The DFEH upheld a city employer’s denial of a mechanic’s position to the husband of one of its employees. This was based upon the concern that his wife was a clerical worker in the department to which he applied, and the wife might reveal to her husband confidential information contained in the personnel files and time records to which the wife had access. 483

2. C HECKLIST : G UIDELINES FOR A NTI -N EPOTISM P OLICIES

 Review and update any current nepotism policy to make sure that it complies with the law prohibiting marital status discrimination.  Individually review any facts regarding a potential problem with supervision, safety, security or morale.  Supervision - is it likely that one of the spouses or related individuals would have supervisory responsibilities over the other?  Safety - is it possible that one of the spouses or related individuals may be responsible for making an important or emergency decision or taking any action that could be affected by the spouse or related individual’s co-employment?  Security - does the relationship raise questions about an individual’s ability to maintain the confidentiality or security of the employer’s property or matters to which the employer has a duty of confidentiality?  Morale - would or does the relationship pose problems for morale? Normally this would arise in connection with problems with supervision, safety or security.

A sample nepotism and fraternization policy is included with this workbook in the Appendices.

Privacy Issues in the Community College Workplace ©2019 (c) Liebert Cassidy Whitmore 151