Spouses Need Not Apply: The Legality of Antinepotism and No-Spouse Rules

Authors

Rafael Gely, University of Missouri School of LawFollow
Timothy D. Chandler, University of Louisiana E. J. Ourso College of BusinessFollow
Jack Howard, University of Alabama At BirminghamFollow
Robin Cheramie, University of Kennesaw State Coles College of BuisinessFollow

Document Type

Article

Publication Date

Winter 2002

Abstract

We begin this analysis in Part II with a brief discussion of employment policies that have been adopted to meet the unique needs of working families. Interestingly, these practices often exist contemporaneously with policies that restrict employment opportunities for dual-earner couples, namely antinepotism and no-spouse rules. In Part III, we present the results of our comprehensive analysis of case law in this area to show the nature of legal challenges to antinepotism and no-spouse rules and how they have been decided by the courts. In Part IV, we describe the legislative framework under which MSD claims have been raised and identify the various issues considered by courts in addressing these complaints. In Part V, we identify and critique (1) the tendency of courts to view antinepotism and no-spouse rules as sex neutral, and (2) the concern that a liberal interpretation of MSD could interfere with the ability of employers to effectively manage the workplace. Part VI concludes the article.

Recommended Citation

Timothy D. Chandler et. al., Spouses Need Not Apply: The Legality of Antinepotism and No-Spouse Rules, 39 San Diego L. Rev. 31 (2002)