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Nepotism and equal employment opportunity policy at workplace

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answerseeker09

Junior Member
What is the name of your state (only U.S. law)? CA

Hi,
I recently got laid off from an institution that I have been working for 6 years. The reason that I was given for the layoff is because of the budget and restructure of the institution. There were 20+ employees got laid off at the same time, and many positions got eliminated. 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 absolutely no experience in this field. He used to work in ‘Facilities’ and I am in ‘Fundraising and Public Affairs’. Not to mention his lack of education (he only has a high school diploma but was offered a director’s position) 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, and most of the employees believe that the parent is sheltering the son by using her power on campus. My questions are the following:

1. Do I have a strong case in terms of ‘voiding the equal opportunity policy’? According to our employee handbook: ‘Equal employment opportunity will be extended to all persons in all aspects of the employer-employee relationship, including, but not limited to recruitment, hiring, compensation, benefits, evaluating, assignment, training, promotion, transfer, discipline, layoff and termination’.
2. Do I have a strong case in ‘nepotism/non-fraternization’? According to our employee handbook, ‘Employee’s relatives will not be eligible for employment with the institution where potential problems of supervision, safety, security or morale, or potential conflicts of interest exit’. Right now, this favoritism action already stirred up a ‘morale’ issue; not to mention the son used to report to the parent when he was in his former position.
3. According to our handbook, it also mentions that ‘… must possess the minimum qualifications required for the position to which a transfer or promotion is sought’. However, this individual doesn’t possess the education or experience like mine in some of his ‘new responsibilities’. I feel that nepotism was the basis for his newly created position; I further feel that racial and gender discrimination may have also contributed to the decision to promote. Do I have a strong case here again?
If you have any thoughts about the facts mentioned above please advise as I am separating from the institution within a week, and I would like to find out whether I have a strong enough case to go forward against the employer before I sign any final separation agreement paperwork.

Thanks.
 


Zigner

Senior Member, Non-Attorney
Q: Do I have a strong case in...

A: You don't even have a weak case. You have no case. The company has done nothing contrary to law.
 

GonzoFL

Member
I hate to tell you brother,put relying on the validity of what's in the employee handbook doesn't cut it. What you have experienced happens every day. You can seek an attorney for advise.....but I see no recourse for you. I don't agree with what they did,but your not the first and you won't be the last to go through this. Seek new employment or file for unemployment. Good hunting.
 

eerelations

Senior Member
The company's equal opportunity policy is all about things like race, religion, disability, age and gender. It is not about relatives.
 

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