Application Question- Nepotism
amandaware
1 Post
The State of <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />NM has marital affiliation protection in its state code. We have a large problem with nepotism in our facility (i.e. managers hiring family members or family members of other employees).
<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />
In the State of NM is it discriminatory if I ask on the pre-employement application:
Are you related to another employee?
Comments
The State of <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />NM has marital affiliation protection in its state code. We have a large problem with nepotism in our facility (i.e. managers hiring family members or family members of other employees).
<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />
In the State of NM is it discriminatory if I ask on the pre-employement application:
Are you related to another employee?
[/quote]
I'm not familliar with the NM law but, on the face of it, you would probably want to ask something more like this:
"Are you related to any current or past employee of the Company by any relationship other than marriage?"
The state law would most likely prohibit such a question or make it dangerous to ask, as it would reveal a marital relationship . . .. but the state law only applies to employers with 50 or more employees, so you may or may not be covered, depending on your company's size.
I think Catbert was on the right track here, advising you to consider the reason for an antinepotism policy, and to seriously consider any legitimate business reason for such a policy, the scope of the policy, etc.
[quote user="Catbert2"]I'd like to ask amandaware why the nepotism is the problem, [...][/quote]
I agree that there are always good reasons to question certain types of policies. Nepotism policies are often the result of knee-jerk reactions or dogmatic approaches to workforce management. In my limited experience (i.e., not based on any scientific or other type of study), I've witnessed more nepotism problems in some regions of the country than in others. That's one factor to consider. Another is industry: anti-nepotism is alive and well in the financial world although not universally so. However, even the companies allowing famillial hires impose controls on what type of work and what department in which a person can work based on their famillial ties. Generally accepted accounting principles dictate something along the lines that the person ordering product or paying bills and the person signing the check should not be the same person. This principle makes a lot of sense but it has no value if the buyer/payer and the check writer are in a conspiracy. That is much more likely when trust is high. That is much more likely when the two have family ties.