Nepotism and equal employment opportunity policy at workplace

Asked almost 5 years ago - Whittier, CA

I recently got laid off from an institution. The reason that I was given is because of the budget and restructure of the institution. One person’s original position got eliminated; however, he was offered to another position in our department immediately. According to the school, part of his new responsibilities will be correlated to my position; however, such individual has no experience in this field. The new title that was given to him is newly created, and it was never publicized or ‘open for application’ on our campus. In addition, this individual’s parent is on the budget committee. Is the institution ‘voiding the equal opportunity policy’? Do I have a strong case to sue for ‘nepotism/non-fraternization’? I further feel that racial and gender discrimination may have also contributed

Attorney answers (1)

  1. Michael Robert Kirschbaum

    Contributor Level 20

    Answered . This may come as a surprise to you but there is no law against nepotism. It may violate some company policies, but all that would do is cause the violating parties to be disciplined. It does not create a legal cause of action.

    We do have laws against discrimination based on race and gender. You say you "feel" that may have also contributed to the decision to let you go. But it takes more than feelings to be successful in court. You must be able to articulate a specific basis to support such suspicions. If you think you can, you should write them down and meet with one or more experienced employment law attorneys in your area to get an informed legal opinion.

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