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Employment Law: Nepotism

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The following pertinent part from C.R.S. 24 34 402 should be considered as one point of law to review when discussing the hiring or firing of a spouse of an employee:

(1) It shall be a discriminatory or unfair employment practice:

(h)(I) For any employer to discharge an employee or to refuse to hire a person solely on the basis that such employee or person is married to or plans to marry another employee of the employer; but this subparagraph (I) shall not apply to employers with twenty five or fewer employees.

(II) It shall not be unfair or discriminatory for an employer to discharge an employee or to refuse to hire a person for the reasons stated in subparagraph (I) of this paragraph (h) under circumstances where:

i. One spouse directly or indirectly would exercise supervisory, appointment, or dismissal authority or disciplinary action over the other spouse;

ii. One spouse would audit, verify, receive, or be entrusted with moneys received or handled by the other spouse; or

iii. One spouse has access to the employer's confidential information, including payroll and personnel records.