Inquiry of the Week (01/25/99)

Question:

When may a city limit employment of spouses of current employees?

Answer:

An employer may not discriminate against a person because of their marital status. Discrimination could be found, for example, if an employer refused to hire someone because his or her spouse was already employed by the same employer. However, it may not be discriminatory to refuse to hire a current employee's spouse or relative if the refusal is based on "business necessity." Some examples of "business necessity" are set out in the Washington Administrative Code (WAC) (see WAC 162-16-150). They include when one spouse would supervise, appoint, remove, or discipline the other; or when one spouse would audit the work of the other.