Cal. Code Regs. tit. 22 § 5300

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 5300 - Nepotism

The California Unemployment Insurance Appeals Board (CUIAB) may not discriminate in its employment and personnel actions on the basis of marital or familial status. Notwithstanding this policy, the CUIAB retains the right to refuse to appoint a person to a position within the agency, or a particular subdivision thereof, wherein his/her relationship to another employee has the potential for creating adverse impact on supervision, security or morale, or involves a potential conflict of interest. The Chair of the CUIAB, or his or her authorized representative, shall have the authority and responsibility for determining if such a potential for adverse impact exists.

This policy applies to individuals who are related by blood, marriage, domestic partnership, or adoption, and includes the following relationships: spouse, domestic partner, child, step-child, parent, stepparent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, parent-in-law, daughter-in-law, son-in-law, brother-in-law and sister-in-law. In implementing this policy, it is lawful to ask an applicant to state whether he or she has a spouse or relative as defined in this policy who is presently employed by the CUIAB, but such information may not be used as a basis for an employment decision except as stated herein.

When two existing employees marry or register as domestic partners, and a determination has been made that the potential for creating adverse impact as described above exits, the CUIAB shall make reasonable efforts to minimize problems of supervision, security or morale through reassignment of duties, relocation or transfer.

Cal. Code Regs. Tit. 22, § 5300

1. New chapter 5 (section 5300) and section filed 5-12-2010; operative 6-11-2010 (Register 2010, No. 20).

Note: Authority cited: Section 11400.20, Government Code; and Section 411, Unemployment Insurance Code.

1. New chapter 5 (section 5300) and section filed 5-12-2010; operative 6-11-2010 (Register 2010, No. 20).