LEGAL DEFINITION OF A RELATIVE (FAMILY MEMBER)

[Dave Turner]

Jurisdiction

California

I have a candidate qualified for a position which is a supervisory position, but due to company policy that says a "relative" cannot be placed into such position if he would be in a supervisory position of another relative. Seems simple. However, within this section that he would be the supervisor is an employee that was the step-father of the candidates wife at one time. The step father has since been divorced from the candidate's wife's biological mother for over 13 years, however still has close relationships with her. For example, he was the step father for a large portion of her child hood growing up, but never adopted her. She calls him Dad. So, because there is no legal "family" relationship by marriage, adoption or blood between the current employee and the candidate's wife, could the candidate still be considered for this supervisory position over his "father in law"?? Is there any discrimination here, I don't believe so.

I should also add that currently we informed him of our decision and he didn't like our response as he said there is "no legal family relationship" and feels he was discriminated against. Other people are aware of the "relationship" of the step-father and daughter and the step father even calls her his daughter.

 

[army judge]

A stepfather has no legal relationship over an adult, who may have at one time been married the adult's mother.

I suggest you discuss your decision with your firm's attorney.

You might also wish to take another look at the word "relative", as your entity defines it.

If the reason you gave the candidate violates state law, and in CA it well may, be prepared for a lawsuit.

Frankly, friends are more inclined "statistically" to act improperly than are blood relatives.

Take a look at intestate succession in your state.

The laws of intestacy take NO NOTICE of "step" this or or "step" that, because there is no FAMILIAL relationship:

Intestate Succession in California | Nolo.com

 

[Dave Turner]

Understand there is no legal authority over adult to adult, but does that relationship between the stepfather and daughter indicate a "family" type relationship that makes them a relative to one another, a.k.a relationship via affinity, then where the husband would now be in a supervisory position over his wife's step father, which would be against company policy if the term relative meets this scenario?? Meeting with leadership tomorrow and concur company legal needs to weigh in.

 

[ElleMD]

No law prohibits you turning down a candidate who is the "Dad" to an employee. This is all company policy. What you want to ask yourself is if the potential for favoritism or awkwardness is present. Would a daughter have difficulty firing her Dad? Addressing him as Dad in meetings would be very awkward.

 

[cynthiag]

I agree with Elle. Regardless of the technicalities of whether or not the relationship is considered to be a "family member", if they have filled that position in the person's life you can have just as many issues arise as if they were actually related. In this case, since it is the employee's spouse who calls the person Dad, it seems like it could cause a lot of awkwardness for the employee, both at work and at home, should he have to discipline or fire his "father in law". If I were him, I don't think I'd be particularly excited about the idea of putting myself in that position!

Our policy on the hiring of relatives defines a relative as anyone related by blood or marriage but also someone whose relationship to the employee is "similar to that of persons who are related by blood or marriage".

 

[ElleMD]

Policies where I have worked have been similar to above but have also contained a caveat for general conflicts of interest not in the best interest of the company. Also, it is not a great idea to give a reason he wasn't selected. That just invites arguments. The usual (I hope) response that you found a candidate who better met your needs is all I would say. In this case, there is no need to say the reason the other guy better met your needs is that no one in the office calls him "Dad".

 

[army judge]

Understand there is no legal authority over adult to adult, but does that relationship between the stepfather and daughter indicate a "family" type relationship that makes them a relative to one another, a.k.a relationship via affinity, then where the husband would now be in a supervisory position over his wife's step father, which would be against company policy if the term relative meets this scenario?? Meeting with leadership tomorrow and concur company legal needs to weigh in.

I never used the words "LEGAL AUTHORITY", I revealed to you how most states (including yours) defines family. The definition is for survivorship, relative to a person dying intestate.

I don't know how your company defines a familial relationship, but legally no relationship exists in law between an adult who may at one time in his or life saw an adult as some type of parent.

Legally, a person married to an adult who at one time called another person dad or mom, is in no way related to said person.

Whether you promote the person in question, or deny the person a promotion means nothing to me. That's for your company to say. But, I state again unequivocally, the employee seeking promotion isn't legally related to the man she fondly refers to as "dad".

 

[cbg]

Also agree with Elle. For hiring purposes (unlike for benefits purposes) there is no legal definition under either state or Federal law for "family member". It's entirely up to company policy. Just because the relationship is not through blood doesn't mean you have to ignore it. FYI discrimination on the basis of family status is NOT illegal under either Federal or California law.