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If national origin motivates an employment decision, that’s disparate treatment. Title VII forbids disparate treatment.

So, what if…

  • nepotism motivates an employment decision, which
  • involves favoring one nationality over another, then
  • does national origin motivate the employment decision?

Or, put another way: could nepotism violate Title VII?

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Because, I’m pretty sure that I’ll get my employment-lawyer-blogger card revoked if I don’t offer a self-deprecating blog post about age discrimination on my 40th birthday. But, feel free to raise my spirits by pledging a pair of tickets to the Philly stop of the Guns N’ Roses reunion tour.

Oh, God! I really am old!

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Empty Pockets

 

Businesses will be like

That’s because, earlier this month,  Senator Patty Murray (D-WA), top Democrat on the Senate Health, Education, Labor, and Pensions (HELP) Committee, Senator Sherrod Brown (D-OH), and Representative Rosa DeLauro (D-CT), introduced the Wage Theft Prevention and Wage Recovery Act. According to this HELP press release, this new bill would put a lot of additional sharp fangs into the Fair Labor Standards Act.

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Imagine arriving at work in the morning to the red light indicator on your desk phone. So, you pick up the handset, punch in a few numbers, and are greeted with a voicemail from your President. She’d like you to ask the employment lawyer whether it’s “legal” to pose an ultimatum to two company managers: Stop cohabitating with each other’s spouse, or find another job.  

Could something like that really happen? Of course, it could. Because, employment law.

Or maybe…

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“Doing What’s Right – Not Just What’s Legal”