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?
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!
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.
Fortunately for me, my cell phone is locked. And, the most salacious contents are in a Dropbox full of employment-discrimination cases. Yes, I own the dorkiest cell phone ever. Don’t judge.
(And if you want to guest blog on an employment-law topic at The Employer Handbook? Email me).
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.