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Posted: 2006-05-31 10:33
Perhaps someone out their can help me.
I know that under the FEPH you cannot discriminate under marital status. So you can hire a husband & wife in the same company but you are not discriminating if you hire them in separate departments with separate supervisors to avoid a conflict of interest and potential sexual harassment lawsuits along with favortism.
However, Is it against the law to have a policy not to hire relatives i.e., sister, brother, cousins, in-law etc. because of conflict of interest.?
a
HELP?
rrupert
Joined: Feb 15, 2006 Posts: 1867
Posted: 2006-05-31 11:04
Could you please define FEPH? I googled it and am only finding some European references.
I know many U.S. companies who will not allow spouses to work at the same company regardless of who they are working for. As a matter of fact, one of my husband's coworkers just let his company to marry the Company treasurer.
I've never heard of any U.S. laws that prohibit this practice. Are you in the U.S.?
rr
kub
Joined: Apr 12, 2005 Posts: 3
Posted: 2006-05-31 11:10
I am in California. Whoops? I MEANT FEHA,
Fair Employment Housing Authority & FEHC, Fair Employment Housing Commission.
nork3
Joined: Feb 12, 2002 Posts: 3876
Posted: 2006-05-31 11:10
While the first poster is correct in stating that marital status is protected, that only applies to "married" or "not married". It does't apply to whom one might be married to. Companies are free to set an objective standard of hiring or not hiring spouses, close relatives, etc.
hrbth
Joined: Oct 24, 2002 Posts: 1611
Posted: 2006-05-31 11:14
This person seems to be in California and I think FEPH is some kind of state law there.
Anyway, I'm in Canada and we aren't allowed to discriminate based on marital status and I expect the meaning of this is the same in California. In Canada, it's all about the marital status itself, not about who people are married to. For example, we may not refuse to hire someone because he/she is married (or single, or widowed, or dicvorced, or separated, or whatever). However we may discriminate against someone because he is married to one of our employees, by refusing to hire him for that reason. In this example, we're not refusing to hire him because he's married, which would be illegal, but because of who he's married to, which is legal.
kub
Joined: Apr 12, 2005 Posts: 3
Posted: 2006-05-31 11:14
Are you in California? Do you have an example of a policy wording? This would help me tremedously.
Thanks
nork3
Joined: Feb 12, 2002 Posts: 3876
Posted: 2006-05-31 12:02
I think what the poster is referring to is California's Department of Fair Employment and Housing (DFEH). The basic California law is the Fair Employment and Housing Act.
davearnold
Joined: Jan 26, 2006 Posts: 400
Posted: 2006-06-01 05:25
Hi: In California the relevant statute is the Fair Employment and Housing Act, which is enforced by the Department of Fair Employment and Housing ("DFEH"). According to publications by the DFEH it is appropriate to have company policies regarding the work assignment of employees who are related, as well as to convey those policies to prospective employees.
I trust this information is helpful.
Dave Arnold, Ph.D., J.D.
davearnold
Joined: Jan 26, 2006 Posts: 400
Posted: 2006-06-01 08:20
Hi: One additional comment--A California appellate court has addressed the issue of invasion of privacy with respect to the issue of personal relationships in the workplace. See Barbee v. Household Automotive Finance Corp., 6 Cal.Rptr.3d 406 (Ct.App.2003). Here the court held that a supervisor had no reasonable expectation of privacy to have an intimate relationship with a subordinate. The court noted that such relationships potentially create significant issues such as conflicts of interest and sexual harassment.
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Posted: 2006-05-31 10:33 
