They won't hire my brother. Is that illegal discrimination? 05-13-2009

Are anti-nepotism policies a basis for discrimination in Montana? Can my brother be overlooked simply because of our relationship?

Ann Kiernan replies:

I am very sympathetic with your brother - I have four of my own - but I am not aware of any law or court case in Montana or any other state that says that anti-nepotism policies are illegal discrimination. In a 2008 federal appeals case, the court upheld the firing of a CEO who had hired and supervised his wife and daughter, which was barred under the company's anti-nepotism policy. The wife and daughter also sued when they were fired because they were the CEO's wife and daughter, alleging sex discrimination, but the appeals court ruled that familial status is not a protected characteristic under federal discrimination law and dismissed their claims, as well.

(Adamson v. Multi Cmty. Diversified Servs., Inc., 514 F.3d 1136 (10th Cir., 2008))

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.