Monthly Law Journal Article: Relatives and Romance: Nepotism and Fraternization, 2007 (7) AELE Mo. L. J. 201.
     Employees of a municipal fire department claimed that they were passed over for promotion because of a pattern of cronyism and nepotism in the department. They argued that this had risen to the level of political discrimination and that they were passed over for promotions because they chose not to associate themselves with "politically -powerful" members of the department. The appeals court upheld the rejection of this claim, finding that this associational choice of theirs did not amount to political or other constitutionally protected conduct. "The simple fact that one is a friend or relative of a powerful person does not create a political association implicating First Amendment concerns." Barry v. Moran, #10-1607, 661 F.3d 696 (1st Cir. 2011).
     A correctional facility training officer married a coworker who was subsequently promoted to superintendent. A union representing correctional officers at the facility was concerned about possible nepotism issues arising out of the marriage. The training officer was subsequently fired after he brought a gun to work, but was later reinstated, after which the wife was transferred to a correctional institution in another city. The couple sued the department for unlawful retaliation interfering with their First Amendment right of association. A federal appeals court upheld the denial of qualified immunity to the defendants, stating that "monogamous, rather than adulterous, relationships deserve constitutional protection." Gaspers v. Ohio Department of Youth Services, #09–3829, 2011 U.S. App. Lexis 16129 (6th Cir.).
     Fourth Circuit concludes that "anti-nepotism policies do not significantly interfere with the right to marry and should be reviewed under the rational basis standard." Woodard v. Co. of Wilson, #08-2366, 2010 U.S. App. Lexis 18373 (Unpub. 4th Cir.).
Massachusetts Supreme Court upholds the termination of a probation officer who failed to disclose on his employment application that he was related to other employees. Anzalone v. Admin. Office of the Court, SJC-10584, 457 Mass. 647, 2010 Mass. Lexis 600.
     Rejected candidate could not sue for unlawful discrimination because the fire dept. hired relatives of current firefighters. Nepotism is not unlawful under federal or N.J. state law. Bumbaca v. Twp. of Edison Fire Dept., A-6279-02T3, 373 N.J. Super. 239, 861 A.2d 156, 2004 N.J. Super. Lexis 415 (2004). [2005 FP Mar]
     Federal appeals court upholds a management policy requiring one spouse to resign if two employees intermarry; it did not impede a constitutional right to marriage. Vaughn v. Lawrenceburg, #00-5466, 2001 U.S. App. Lexis 22508, 2001 FED App. 0375P (6th Cir.). {N/R}
     Arbitrator upholds rule requiring two married firefighters to work on different shifts; no duty to bargain issue with the union. Ada, Okla. and IAFF L-2298, FMCS Case #98/0812-14048-7, 112 LA (BNA) 530 (Eisenmenger, 1999). [1999 FP 157]
     Federal court dismisses a civil rights action by a rejected applicant who sued because 3 of the 4 persons who were appointed were related to other members of the fire dept. Backlund v. Hessen, 904 F.Supp. 964 (D.Minn. 1995). [1996 FP 103]
     Illinois Supreme Court rejects a discrimination suit by intermarried state troopers who wanted to work together; policy did not violate state's marital status discrimination law. Boaden v. Illinois, 1996 Ill. Lexis 35, 664 N.E.2d 61, 171 Ill.2d 230. [1996 FP 103-4]
     Federal appeals circuit upholds a hospital's policy against employment of two spouses, even though one was a contractual employee assigned to the facility. Wright v. MetroHealth Med. Ctr., 58 F.3d 1130 (6th Cir. 1995). {N/R}
     Appellate panel upholds anti-nepotism law, even if it has been inconsistently enforced in the past. Waters v. Gaston Co., 57 F.3d 422, 68 FEP Cases (BNA) 414 (4th Cir. 1995). [1995 FP 153]
     Federal appeals court sustains a Georgia police dept. rule requiring one of two intermarried officers to resign. Parks v. City of Warner Robins, 43 F.3d 609 (11th Cir. 1995). [1995 FP 90]
     Illinois appellate court bars intermarried state troopers from serving on the same shift; policy did not violate state's marital status discrimination law. Boaden v. State of Illinois, 642 N.E.2d 1330; [1995 FP 42]. Note: Affirmed, see 1996 Ill. Lexis 35.
     Ninth Circuit rejects appeal of officer who was terminated after her marriage to another officer. Potential conflicts of interest justified the sheriff's anti-spouse rule. Brennan v. San Juan County, 1994 U.S.App. Lexis 22017 (9th Cir.); 34 F.3d 1071 (sum. affd. w/o opin.). [1995 FP 27]
     Federal court upholds a Georgia police dept. rule requiring one of two intermarried officers to resign. Parks v. City of Warner Robins, 841 F.Supp. 1205 (M.D.Ga. 1994). [1994 FP 171]
     Federal court upholds right of a corrections officer to share accommodations with an ex-felon; intermediate scrutiny test applied. Reuter v. Skipper, 832 F. Supp. 1420 (D. Ore. 1993). Federal appeals court affirms, 4 F.3d 716 (9th Cir. 1993); cert. den., 114 S.Ct. 1397 (1994). [1994 FP 101].
     See: Wexler, "Husbands and wives: an uneasy case for antinepotism rules," 62 B.U.L.Rev. 75, 125-39 (1982); Note, “Challenging nospouse employment policies as marital status discrimination: a balancing approach,” 33 Wayne L.Rev. 1111 (1987).
     In a Washington state case, the L.A. Sheriff lists reasons to bar the employment of more than one spouse as a law enforcement officer with the same small agency. Brennan v. San Juan Co. Sheriff's Dept., #C92-0037 (W.D. Wash.); Declaration of Sheriff S. Block on Mar. 4, 1993. {FP File #5481}. [1993 FP 75]
     In above WA case, a federal court granted a summary judgment in favor the defendant sheriff and county. A state claim for marital discrimination also failed because the plaintiff waited too long to prosecute. Brennan v. San Juan County Sheriff's Dept., #C92-0037 (W.D. Wash. 1993). [1993 FP 90] [1993 FP 89-90]
     Illinois teacher wins suit to teach at same school her husband is employed as a principal. State's martial discrimination law applies. Potentially adverse personnel problems discounted. River Bend Sch. Dist. v. IL Human Rts. Cmsn., 597 N.E. 842 (Ill.App. 1992), review denied, 606 N.E.2d 1235 (Ill. 1992). See also: Ross v. Stouffer Hotel, 816 P.2d 302 (Haw. 1991), based on a similar state law involving hotel employees. [1993 FP 75-6]
     Article: “No-spouse rules in the workplace under Illinois and Federal law,” 82 (8) Ill. Bar J. 414-420 (Aug. 1994). {Publisher’s File #5570}
     Texas appellate court upholds police rule requiring one of two officers to resign if they marry each other. Carrollton (City of) v. Peters, 843 S.W.2d 186 (Tex.App. 1992). [1993 FP 89-90]
     Iowa supreme court upholds constitutional challenges to a municipal antinepotism ordinance, which includes “cohabitation.” City not required to bargain with employee unions before adoption. Police Officers’ Assn. v. Sioux City, 496 N.W.2d 687 (Iowa 1993), citing Parsons v. Co. of Del Norte, 728 F.2d 1234 (9th Cir. 1984). [1993 FP 168-9]
     Appellate court upholds nepotism prevention law; city employed expert witnesses that established valid purposes for the rule. Collier v. Civil Serv. Cmsn., 817 S.W.2d 404 (Tex.App. 1991). [1992 FP 169]
     Federal appeals court vacates injunction against anti-nepotism rule in New Jersey. Hughes v. Lipscher, 906 F.2d 961 (3rd Cir. 1990).
     New York's Public Employee Board holds that the state police had a duty to negotiate with the union before adopting a policy prohibiting the supervision of a relative. Matters of promotion, assignment, appointment or the transfer of employees is a mandatory subject of bargaining. PBA of NY St. Troopers and St. of N.Y., #U-11239, 23 NYPER (LRP) P4563, 1990 NYPER (LRP) Lexis 2162 (NY-PERB, 1990). {N/R}
     Federal court enjoins rule which prohibited court clerks and law enforcement officers to be married or directly blood related. Decision rejects ban on hiring relatives and could impact on residency requirements that affect married spouses employed by different municipalities. Hughes v. Lipscher, 720 F.2d 454 (D.N.J. 1989).
     Appellate court finds prohibition against hiring relatives to be contrary to civil service regulations. Owen v. Stokes, 523 So.2d 1085 (Ala. Civ. App. 1988).
     Wives of police officers denied jobs as dispatchers; anti-nepotism rule serves a legitimate employment purpose. Sebetic v. Hagerty, 640 F.Supp. 1274 (E.D. Wis. 1986).
     Federal appeals court upholds county ban on employment of both husband and wife. Parsons v. County of Del Norte, 728 F.2d 1234 (9th Cir. 1984).
     Federal court restrains termination of officer who married another police employee. Stearns v. Estes, 504 F.Supp. 998 (C.D. Calif. 1980), appeal dismissed Aug. 1, 1981. Overruled sub silentio in Parsons v. Co. of Del Norte, 728 F.2d 1234 (9th Cir. 1984).
     Consanguinity prohibitions struck down by Nebraska supreme court. Voichahoske v. City of Grand Island, 321 N.W.2d 124 (Neb. 1975). [76-3 FP 5]