Privacy Issues in the 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.

Consult affected individuals.

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

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. Similar problems with supervision, safety, security or morale may exist when co-workers have special off-duty relationships. For example, dating among co-workers is common. Occasionally, co-workers will develop long term relationships and perhaps live together. Employees have a strong expectation of privacy in these personal, off-duty relationships. However, an employer has a legitimate interest in controlling or preventing any adverse effects the relationship has on supervision, safety, security or morale. A supervisor’s consensual sexual relationship with a subordinate does not per se violate federal or state anti-discrimination laws or public policy. Similarly, preferential treatment by a supervisor towards his/her paramour does not, by itself, constitute sex discrimination in violation of the Fair Employment and Housing Act (FEHA) or Title VII. 510 3. C ONSENSUAL W ORKPLACE R OMANCES AND S EXUAL F AVORITISM

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