CAUGHT BETWEEN SCYLLA AND CHARYBDIS - ARE ANTINEPOTISM POLICIES BENIGN PATERNALISM OR COVERT DISCRIMINATION

Due to the unprecedented number of women entering the work force in recent years, combined with federal and state statutes prohibiting discrimination on the basis of sex and marital status, there appears to be a growing confusion in the business community regarding the legality and propriety of antinepotism policies. While it is true that poorly drafted and ill-defined policies may run afoul of Title VII and certain state statutes prohibiting marital status discrimination, antinepotism policies that are narrowly drafted in response to actual and demonstrable personnel problems are generally upheld as lawful business practices. This article reviews the major legal and policy arguments focusing on marital status discrimination and concludes that properly defined and drafted antinepotism policies remain as useful and lawful tools of personnel management.