Nepotism in the workplace – is this illegal?

During these tough economic times, many employers are lending a hand to struggling family members or friends by offering them employment opportunities. Ordinarily, in the private sector, nepotism (favoritism directed exclusively or mainly toward friends or relatives regardless of merit) is not illegal, and therefore, nobody has a cause of action against an employer for engaging in it. There are limited circumstances, however, where engaging in nepotism can land an employer in trouble.

First, if an employer hires friends or relatives to the point where they fail to consider people of other races, creeds, sexes, or ages, they may be violating Title VII of the Civil Rights Act of 1964 by discriminating against these groups in regard to hiring. 

Secondly, if an employer creates workplace conditions that effectively force out an existing employee to make room to hire a relative, the employer may be liable, and therefore, must pay damages to the forced out employee. 

If you any questions as to the legal implications of hiring a friend or relative, please contact an employment law attorney.

 

Comments

[stella briggs]

I work for a small dealership in Michigan and we have a total of 14 people with family members and friends being over 50 percent, not only that, the family members take excessive amount of time off, never on time. Makes for a very distressing place to work. And when it comes to wage increase the family and friend are treated much better.

[Marcella Organ]

I live in a small town in Canada, and work at a hardware store. The manager's wife, daughter and son work there. He has decreased my hours just to give his daughter 40 hours a week. She hardly shows up for work, and even when she does she doesn't do any work. She received a $2.00 an hour wage increase, the rest of the staff received .25 cents per hour. The morale at the store is very negative.

[Kathryn Karnofski]

I have recently be terminated from my job because I complained about the family and friends getting a little out of hand. They seem to get all the time off they want and are priority people on the staff list. They tried to tell me it was for other reasons but I know it is because I didn't go with the flow of things...it sucks but what can we do??

[Juan Hernandez]

Gents: I know for a fact, that this practice is being used at the Jackson Memorial Hospital in Miami, where the evident violation of Title VII of the 1964 CR Act is performed, by middle management that ignores the law and such actions disregarded by superiors, at the Core Lab of the Hospital. At least half a dozen Cuban employees have been dismissed in lieu of afro-american workers and some others have been moved to other sections to make room for at least two husband-wife couples, working in the same office, to the convenience of the supervisors of the area, in the first half of this year. Where do we have to complain to, to denounce this irregularities? Is there any Government Agency that anyone can ask to investigate these (and other) irregularities?

[Bacon Wilson Law]

Juan, we can't respond to individual legal inquiries on this blog, but if you'd like to pursue this, please contact attorney, Kevin Maltby: 413.781.0560 or [email protected] or an employment law attorney in Florida.

[amy]

my daughter works for subway and she is an assistant manager. Today she was called by the district manager to go in and help an employee that is overwhelmed with customers and my daughter isn't due to come in until 3:00. Is this wrong for a district manager to do to an assistant manager? I would think if she's district manager and the overwhelmed employee called her and it is her store as a district manager,shouldn't she just go in and help instead of calling an assistant manager

[Bacon Wilson Law]

Amy, we can't respond to individual legal inquiries on this blog, but if you'd like to pursue this, please contact attorney, Kevin Maltby: 413.781.0560 or [email protected].

[Adrian Abedi]

Nepotism is an illegal act.This act s destroying many societies today. Giving a position or something to a relative or friend with the use of discretion is seen as unlawful and illegal. Granting a new job, promotion or higher career opportunity regardless of merit is illegal.
Nepotism is being becoming one of the most perplexing phenomenon in human society that exists in the world today. It has been becoming a general disease body of politics and other private and public services. Nepotism can be seen as dysfunctional, which is very destructive in political, economic and social order. As a student of International Relations in Divine Word University; international donors and funds has a probability of coming to an halt if the habit continuous . States images in the international arena is very vital and what happens domestically the image can be an hinderance of more investments in and abroad. There would be no more trust. A classic example of the portrayal of PNG political system in the wikileaks by USA & Australia of what is happening in the PNG politics and other public sectors.
What is really happening? Are the public offices going to be used for the benefits of the majority or personal gains. Nepotism is a tool of corruption,and such act is unlawful and illegal.

[John MAyer]

I work at a non profit where the owner has retired and his grandson took over the company. This consisted of him hiring his wife and giving her a raise with two months, and this is in addition to having his uncle in the payroll where they each being the grandson and uncle make 100k a piece. The grandson recently gave himself a raise to match salary with the uncle because he was named CEO. Then the grandson hired his fraternity brother and gave him a 40k salary even though the man had no experience.

[Praetorian]

that's an interesting question. Because the answer varies so much depending on the employer. I work for the public school system in California. Stated code is pretty straightforward about nepotism and where it is illegal and where it is frowned upon.

In my district board policy has expounded upon that and made pretty much any form of hiring working with a family member in illegal.

Unfortunately it has not stopped any of the board members from hiring various members of their families. Including the HR director hiring his son, the lowest qualified least experienced applicant, as principal of the flagship secondary school in the district. That HR director has since retired but this incompetent son remains.

[latiesh]

I work for a company in Pennsylvania. One of my coworkers got let go of about a month ago. The head management never once announced this or have they had a meeting about it! Instead we come to work and see that his freshly graduated from high school son is filling the position! Everyone here has started from the bottom and worked up, and two employees even asked for different positions before the bosses kid ever came about! Is this illegal?

[Bacon Wilson Law]

Latiesh, we can't respond to individual legal inquiries on this blog, but if you'd like to pursue this, please contact attorney, Kevin Maltby: 413.781.0560 or [email protected].

[gwen walley]

I have managed a motel in Arkansas for over 20 years. My previous owner sold the company and the owner now from Europe asked me to stay with the company as acting manager to teach him the business. He has a son and a daughtor who just graduated high school, now when decisions are made by me the manager, if the son or daughtor dont like the way business is done, they change it behind my back, yet when the decision they made turns bad, they tell them to take it up with the manager ME ! Jobs are being taken, replaced by the owners children and no raises given so the kids can work hours to pay for new cars, insurance price hikes due to them getting tickets, wrecks, etc. We as employees are being told no money!!!!!!! yet they have new clothes, new cars, land to build on etc. what are my rights as acting manager of this company, when hired the agreement was so much an hour, after one year a raise, also 2 weeks paid vacation, which was taken away after the first year!!!!
!

[sonya]

i work for ngis at mayport fla. and there they have twins sisters working under each other one is the supervisor and the other is an housekeeper and the other supervisor has her sister-in-law working under her so i think something must be done but i can not afford any truoble at my job and i am the only one that speaks english and they often speak thier lang. in front of me i do not understand them if ther is someone that knows something i do not please e-mail me at hartclara@ aol.com

[Bacon Wilson Law]

Sonya, if have a specific legal question, please contact attorney, Kevin Maltby: 413.781.0560 or [email protected]

[Bacon Wilson Law]

Gwen, we can't respond to individual legal inquiries on this blog, but if you'd like to pursue this, please contact attorney, Kevin Maltby: 413.781.0560 or [email protected]

[unhappy]

I recently got a job 7 months ago. Was doing fine until one of the supervisors hired a friend that is my counterpart. Unfortunatley this supervisor shows favortism and makes her friend look more competent than me, if her friend makes mistakes she says it haardly ever happens or its a judgement call is it not wrong or right. I recent got a verbal warning because this supervisor stated I had an attitude and made her and her friend uncomfortable. When I make a mistake it is brought to the atention of the main supervisory of us all. They are trying to get me written up and fired...What can I do to protect myself?

[Medina]

Can you provide the name a a good employment law attorney in the Norfolk, Virginia and Virginia Beach area?

[Bacon Wilson Law]

Medina, we can't respond to individual legal inquiries on this blog, but if you'd like more information, please contact attorney, Kevin Maltby: 413.781.0560 or [email protected]

[Bacon Wilson Law]

Unhappy, we can't respond to individual legal inquiries on this blog, but if you'd like more information, please contact attorney, Kevin Maltby: 413.781.0560 or [email protected]

[hillary]

i work at a buffalo wild wings franchise, my managers daughter work there as well, ive never had a problem with it before and its been that way for at least 6 months, however i recently stated shift leading there which means a manager that gets paid hourly insted af salary, and ive started noticing that the daughter shows up at least 30 minutes late every shift and doesnt get wrote up, where as if another employee where to do that they would get wrote up, also shes reall lazy and never actually works, she just stands around where as other empoyees would get in trouble for doing that, i dont there are lots of things ive noticed, her register always comes up short, she messes up all most every order she takes, shes lazy and she gets away with it all and everyone to scared to say anything..is it legal for a managers daughter to work with their parent at a franchiise such as buffalo wild wings??

[michelle haynes]

I work in a convience store where an assistant manager had the manager and the district manager to hire her daughter. Many people turned in applications for the position and some had years of experience and were desparate for a job. The daughter was already working a job and complained that she couldn't get enough hours at that job. Is it legal for the daughter to be working here at the store?

[Matt]

Would nepotism apply if you and a family member were employed together at a job, and one family member moved up and became the boss and kept his family member? Not giving that family member a promotion, but keeping them for the jobs that they were already hired for.

[Bacon Wilson Law]

Thanks for your comment, Matt. Unfortunately we cannot respond to individual legal inquiries here. Please direct your questions to attorney, Kevin Maltby: 413.781.0560 or [email protected]

[Bacon Wilson Law]

Thanks for your comment, Michelle. Unfortunately we cannot respond to individual legal inquiries here. Please direct your questions to attorney, Kevin Maltby: 413.781.0560 or [email protected]

[Bacon Wilson Law]

Thanks for your comment, Hillary. Unfortunately we cannot respond to individual legal inquiries here. Please direct your questions to attorney, Kevin Maltby: 413.781.0560 or [email protected]

[Tamara Carriger]

I am a supervisor for a home health agengy, two of the employees that work for me are related. When one agrees the other does, when one disagrees , they both disagree, they have created a hostile work environment for other employees and myself, but my supervisor, seems to listen to them above me, and I have to go along, this is not a great work environment and should never be allowed. Short time for me because of it.

[M. Pressey]

My husband works for a "business" in St. Catharines, ON, Canada and was informed yesterday that he is layed off effective immediately. The fact that sales have increased considerably since he started there were obviously not taken into account. They said they could not make payroll next week and therefore had to let him go. Prior to this a young lady worked for them who lives on her own and pays her own rent and bills was cut back so many hours (to give to the owners two daughters instead) that she had to leave this job and find employment elsewhere. Just a few weeks back the fiancee to one of the daughters was hired. My husband has worked there one year six months, but obviously this means nothing to the employers. The daughters do not do anything constructive except make pretty signs and play on the computer (this is noted by all other employees who are not family, making it a stressful work situation). This is so frustrating and should not be allowed to happen to good, hard working people like my husband and many others who are out there that have experienced the same treatment.

[Chelsey]

I was working for a company who had a few different stores. They sold 2 to a new owner last year and the remaining 2 stores were still owned by the original 2 owners. A month ago, they decided to split the 2 remaining stores between them with one being the sole owner of my workplace. So, everyone was laid off at my store from the original company with the promise of being rehired by the other owner. I was the manager at my store and was told I would not be rehired because he would not be needing a manager or supervisor since he would be there the majority of the time. I got a job with the company that got sold the year before and am now managing there, but now I have found out that he has hired not only his son, but his GIRLFRIEND and that they are getting paid more than anyone there! and on top of everything, their whole deal fell through, so the store wasnt even split!

[Lynn Farmer]

I work for a prominent hospital system at a clinic in the Northern CA area. When I was hired over two years ago, there was one other person who was in the same job classification as I was, hired a month before me. I soon discovered she was the mother of the Assistant Clinic Director. I have a Master's degree in Counseling and she a Bachelor's degree in divinity. She is in her mid-seventies and I in my mid-fifties. I am required to perform duties that she doesn't have to or doesn't have the expertise to perform, and I believe she is receiving a higher rate of pay than I. About 6 months ago, she had a knee replacement and has not be able to come back to work yet. We are being told that she will come back, but the hospital policy states that an employee can lose their position if they don't return to work after 3 months from a leave of absence. I feel that the nepotism in this case is not fair and may be a violation of employment laws, but I am not sure. Thank you.

[Bacon Wilson Law]

Thanks for your comment, Lynn. Unfortunately, we cannot respond to your individual legal inquiry here. Please direct your questions to attorney, Kevin Maltby: 413.781.0560 or [email protected] or an employment law attorney in your state.

[Jennifer]

I think that the owner of the company hired a family member to be my manager. How do find out if they are related? The manager is 20 years old and doesn't know a thing about running the place. She's immature and petty and ruining my life with a company that I love.

[Bella]

I worked for a medical lab provider in NC and was recently dismissed. I immediate supvr was promoted.. and informed us she would be involved in the selection process of her replacement .. when that process was over, she told us our new mgr turned out to be her old mgr from years old in Virginia..that she hadnt seen him/heard from him and coicidently he saw the ad posted and applied. Turns out he's her HUSBAND.. we were all led to think she was a struggling single mom .. when he started working it was rumored they're married.. and the environment became hostile as he began to interrogate us under the desiguise as a one-on-one, meet-n-greet in his office.. I know he asked me what I thought of people who made it their business to "check" people out.. he was on a witch hunt to find out who knew/told the secret..the air was thick, and I myself never felt secure. Whats worse is his wife's office is next door to his, and you feel you're always being watched..while she pretends not to be his wife.. neither one know exactly who has knowledge of their marital status..and now we suspect that another whom they both show great favortism to is possibly a newphew or "something".. blood is thicker than water..the 3 of them dont realize the vibe they're throwing off.. I see this as the type of nepotism and their combined favorism that made it impossible for fairness /impartiality to exist.. I want to have it investigated .. would the EEOC be a good place to start.. ?

[Chris Coleman]

I work for a management company here in Michigan, we manage a HUD property. A relative of the owner started working here a month and a half ago. He stole my cell phone, it rang in his pocket in front of everyone. He said he found it in the garbage. The owner believes her relative. he does whatever he wants and makes me very uncomfortable, Im insulted and feel harrassed.Owner hired & put her personal housekeeper also and moved her here to work at this property 3 days a week, she doesnt do her job , cusses, and runs back and tells lies to the owner. we have 5 employees now and HUD only requires 3. I want to blow the wistle but dont want to get fired for doing my job. I need help please! Not sure of the laws for HUD and Michigan employment. Thank you!

[Connie]

My son has been working @ our local McDonald's
Since he was 14. Once one of managers son
Was able 2 work his hours have been cut. Now
The managers daughter is of age & has been
Hired to work with her mother. My son went in 2 day to find out he hasn't been put on schedule @ all.

[Victoria]

My husband works for a large construction company as a large equipment operator. He has been there for about 1 1/2 years and has been an operator for about 23 years. He has yet to receive a raise and family members of senior staff are being promoted with questionable qualifications and attendance records. In one department of 12 members, 8 are blood related. I can't imagine that this is acceptable business practice for a multi-million dollar contracting company! Now what to do?

[Bacon Wilson Law]

Dear, Victoria, thanks for your comment; however, we cannot respond to individual legal inquiries here. Please contact attorney, Kevin Maltby at 413.781.0560 or [email protected] for legal guidance.

[Bacon Wilson Law]

Dear, Chris and Connie, thanks for your comments; however, we cannot respond to individual legal inquiries here. Please contact attorney, Kevin Maltby at 413.781.0560 or [email protected] for legal guidance.

[Bacon Wilson Law]

Bella, thanks for your comment; however, we cannot respond to individual legal inquiries here. Please contact attorney, Kevin Maltby at 413.781.0560 or [email protected] for legal assistance.

[Will]

Those with 4 year degrees or higher typically get the nod over those without no matter how long you have been with the company. Some of the people on here are "beating a dead horse". This is a common problem and hard to accept for many though it is a fact.

[tammy bridges]

I work at a state facility where there are multiple same sex relations that continue to move up in positions. My ? is.. a position was filled with a person that is involved with someone in a high position and the person hired is now under the "high"'s sister, is this considered nepotism as they live together as a couple but cannot legally marry here? seems to be a lot of that going on here. also would like to add that this person has no degree and people with degrees did't even get an interview

[Bacon Wilson Law]

Tammy, thanks for your question; however, we cannot respond to individual legal inquiries here. Please contact attorney, Kevin Maltby at 413.781.0560 or [email protected] for legal assistance.

[Chuck dunn]

EEOC

[Lydia]

I work in a school system where nepotism is growing. Friends and family members are receiving promotions without having their full credentials. I've missed out on advancing to people who aren't fully qualified for the job, where as I am.

What are my rights? Can they continue to get away with this?

[joy]

My boss/the lead man brought his friend in the company I work for 3 years ago and every since, I have to do his job and mine while he gets paid the same as I do for knowing and doing less. I'm currently looking for new employment.

[Lynn]

can u give advice on whether a General Mgr should be involved in HR decisions for his wife who works for a separate group within the company?

[Bacon Wilson Law]

Lynn, one of our employment law attorneys can help you. Please call Kevin Maltby or Katie Crouss at 413.781.0560

[Beth]

Working for a state agency in WV...where the daughter is HRD and her mother is administrative assistant, her aunt is csr...the mother got a $2.00 raise that no one knows about...and the aunt is leaving messages for the other csr to clean and this was per the HRD...why would the aunt not have to clean and leave messages for the other csr...is this considered Nepotism???

[Jesse]

I work in an electrical supply store in Texas,
8 months ago there was an opening for a delivery driver(where everyone starts)
Our boss hired his nephew that had no prior EXPIRIENCE in the business we are in
Plus his starting pay is more than the Warehouse Manager & our sales people & last but not least he didn't interview anyone else.. I don't know if this is legally wrong but it has and is creating a very stressful situation here at work.

[Bacon Wilson Law]

Jesse, we're not sure if you are looking for legal advice, but if you are, please contact attorney, Kevin Maltby or attorney, Katie Crouss at 413.781.0560

[Dana Hensley]

I am a Board of Directors member of a private utility company. My wife has applied for an opening with the company and is considered by the GM to be one of the qualified applicants. If she was to be hired on her qualifications would this be in any way considered nepotism?

[Maggie]

In my company was very good , till 2 months ago when a new manager come and she hired her brother and his girlfriend. Their not doing a good job, always taking time off, and causing lots of trouble to our company.I am a supervisor , but she is the manager, and Hr I dont think know anything about this. I have people who leave their jobs because of bulling and bad treat, and not to sure how to deal with. Shoud I call Hr to inform the problem?

[Bacon Wilson Law]

Maggie, one of our employment law attorneys can help you. Please call Kevin Maltby or Katie Crouss at 413.781.0560

[Bacon Wilson Law]

Dana, one of our employment law attorneys can help you. Please call Kevin Maltby or Katie Crouss at 413.781.0560