Abstract

http://ssrn.com/abstract=285716
 


 



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


Timothy Chandler


Louisiana State University, Baton Rouge - E.J. Ourso College of Business Administration

Rafael Gely


University of Missouri School of Law

Jack Howard


Illinois State University

Robin Cheramie


Louisiana State University, Baton Rouge


San Diego Law Review, Vol. 39, 2002

Abstract:     
The article discusses the practical and legal implications of using anti-nepotism and no-spouse rules in workplaces across the United States. Anti-nepotism and no-spouse rules have remained popular while the labor force participation rates of women and the presence of dual earner couples have increased. Not surprisingly, employees, primarily women, affected by the application of these rules have raised challenges under various legal theories. Their primary argument has been that while neutral on their face, anti-nepotism and no-spouse rules significantly burden women to a larger extent than men. Courts, however, have been ambivalent about the treatment afforded to challenges to the application of these rules. In general, courts continue to treat these rules as sex-neutral, and deny employees affected by them any form of relief. This article argues that the view that anti-nepotism and no-spouse rules are sex-neutral ignores the real life employment experiences of married women. These rules are antiquated policies, based on a traditional, conservative view of appropriate gender roles. Courts, should recognize these realities and provide women appropriate relief. The article evaluates the various legal frameworks used to challenge the use of these rules in the context of our current knowledge about the economics regarding job choices of families where both spouses work.

Accepted Paper Series





Not Available For Download

Date posted: October 15, 2001  

Suggested Citation

Chandler, Timothy and Gely, Rafael and Howard, Jack and Cheramie, Robin, Spouses Need Not Apply: The Legality of Anti-Nepotism and No-Spouse Rules. San Diego Law Review, Vol. 39, 2002. Available at SSRN: http://ssrn.com/abstract=285716

Contact Information

Timothy Chandler
Louisiana State University, Baton Rouge - E.J. Ourso College of Business Administration ( email )
Department of Management
Baton Rouge, LA 70803-6308
United States
225.578.6113 (Phone)
Rafael Gely (Contact Author)
University of Missouri School of Law ( email )
Missouri Avenue & Conley Avenue
Columbia, MO 65211
United States
Jack L. Howard
Illinois State University ( email )
Department of Management Campus Box 5580
Normal, IL 61790
United States
Robin Cheramie
Louisiana State University, Baton Rouge ( email )
Department of Management
Baton Rouge, LA 70803
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