Legal Opinion

Opinion No. (1979)

Nebraska Attorney General Reports

Decided August 21, 1979Published

1Opinion of the Court

REQUESTED BY: John Knight, Director, State Department of Public Welfare, Lincoln, Nebraska. In accordance with V-6250 of our State Plan and Manual, it is not permissible for an employee to be assigned to a position which will require working under the supervision of an immediate relative. Are there any legal requirements that prevent the non-discriminate application of this rule?

No.

The fact situations which most frequently create problems are those where a spouse is supervising a spouse. InKaren M. Espinoza v. Fred Toma, 580 F.2d 346 (8th Cir. 1978) the court affirmed a no-spouse rule as…

2Cases cited3 opinions

  1. Dorothy I. YUHAS and Nancy Anderson, Plaintiffs-Appellees, v. LIBBEY-OWENS-FORD COMPANY, Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1977
  2. McArthur v. Southern Airways, Inc.District Court, N.D. Georgia · 1975
  3. 17 Fair empl.prac.cas. 1362, 17 Empl. Prac. Dec. P 8500 Karen M. Espinoza v. Fred Thoma, Chairman of the Board of Directors, William Ramsey, Vice-Chairman, Johnnie Hayden, Secretary-Treasurer, Donald Stern and Robert Brennan, Membersof the Board of Directors, and Jerome Erdman, Executive Director, Individuallyand Intheir Official Capacities, Robert Lager, Manager-Employee Relations, Anthonykidd, Personnel Supervisor, Individually and in Their Official Capacities,appelleesCourt of Appeals for the Eighth Circuit · 1978

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