Inquiry of the Week (01/31/99)

Question:

May a county or city personnel policy prohibit spouses from being employed by the county or city?

Answer:

In most instances, this would be prohibited by state anti-discrimination law because this would constitute discrimination on the basis of marital status. RCW 49.60.180 declares that it is an unfair practice for any employer to discriminate against a person because of age, sex, or marital status, among other things. A provision in a county or city personnel policy that prohibits the spouse of an employee from also working for the county or city may be in violation of this statutory provision.

The state Human Rights Commission has adopted regulations that implement this anti-discrimination law. These regulations indicate that there are certain circumstances where business necessity may justify what otherwise would be considered discrimination on the basis of marital status.

Situations where it is not unlawful for a county or city to prohibit the spouse of an employee from working for the county or city include where one spouse would have the authority or power to supervise, appoint, remove, or discipline the other spouse. A business necessity justification might also occur where one spouse would be responsible for auditing the work of the other spouse. Other examples are specified in the state regulation. Thus, a county or city should not have a general policy prohibiting employment of spouses except in certain such business necessity situations.