Anti-Nepotism Rules: The Legal Rights of Married Co-Workers

Abstract

Anti-nepotism rules in public organizations have led to law suits based on anti-discrimination statutes and the U.S. Constitution. Plaintiffs claim they are entitled to work with their spouses if they are qualified employees. Employers, on the other hand, defend anti-nepotism rules as a business necessity, arguing that married co-workers are a potentially disruptive influence in the office. A review of federal and state court decisions suggests that married co-workers rarely prevail in such cases. In this area of civil and constitutional litigation, public employer liabilities appear to be limited to situations where restrictions are unreasonably broad.