Nevada Relatives' Employment: What you need to know

Nepotism is favoring the hiring of a relative or friend over a qualified, but unrelated, individual. The practices of allowing or prohibiting nepotism raise issues of discrimination based on sex, race, national origin, or other protected classes. Such policies may violate both applicable federal and state antidiscrimination laws.
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Nevada law does not specifically prohibit or restrict employment of spouses or other related individuals. Depending on how they are written or applied, however, policies and practices that prohibit or restrict the employment or affect the transfer of certain employees because they are related or married to other employees may be discriminatory based on other factors, such as sex or race, and may violate the Nevada Equal Opportunities for Employment Act (NV Rev. Stat. Sec. 613.310et seq.). The law applies to public employers with 15 or more employees. Policies favoring the hiring of relatives may also have a disparate impact on protected classes and should be monitored closely to avoid such discrimination.
With certain exceptions, state employers may not hire any relative who is within the third degree of consanguinity or affinity (NV Rev. Stat. Sec. 281.210).
In order to establish an effective antinepotism policy, consider the following important points:
• The rationale behind the policy
• The scope of the policy (To what degree of relationship will the policy extend?)
• The effects of the marriage of co-workers during employment
• Summer employment considerations (Will the policy be in effect for temporary summer jobs?)
• Exceptions to the policy (Under what conditions will exceptions be authorized? Who will authorize them?)
• Responsibility for the administration of the policy

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