An Administrator's Guide to California Private School Law

Chapter 10 - Privacy Rights Of Students And Employees

A. W ORKPLACE R ELATIONSHIPS

1. M ARITAL S TATUS A ND A NTI -N EPOTISM P OLICIES Federal and state equal employment opportunity laws, as well as the state Constitution, generally prohibit employers from making employment decisions based upon an employee’s marital status. However, anti-nepotism policies are permissible under narrow circumstances, when the marital status creates an unreasonable workplace conflict and when the policies are narrowly tailored to respond only to the conflict or hazard. 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.  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. 1803 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. 1804

2. C HECKLIST : G UIDELINES F OR 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?

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 405