Cal. Code Regs. tit. 22 § 5300
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 expressly prohibits nepotism in the workplace because it is antithetical to California's merit-based civil service system. Therefore, 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.
"Nepotism" is defined as an employee's use of influence or power to hire, transfer, or promote an applicant or employee because of a personal relationship. "Personal relationship" is defined as persons related by blood, adoption, current or former marriage, domestic partnership or cohabitation. This policy prohibits participation in the selection of an applicant for employment by anyone who has a personal relationship with the applicant and also prohibits the direct or first-line supervision of an employee with whom the supervisor has a personal relationship.
In addition to personal relationships as defined, this policy applies to the following relationships: step-child, stepparent, half-brother, half-sister, parent-in-law, daughter-in-law, son-in-law, brother-in-law and sister-in-law. It also applies to individuals who are not related as defined previously but whose relationship to another employee has the potential for creating adverse impact on supervision, security or morale, or involves a potential conflict of interest. In implementing this policy, it is lawful to ask an applicant to state whether he or she has a relative or relationship 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.
Where a personal relationship arises as a result of changed circumstances after hiring (e.g., marriage), it is the responsibility of the employees in the relationship to notify the appropriate supervisor. The supervisor will bring the relationship to the attention of the Chair or his or her authorized representative who will then develop a recommended plan of action if the circumstances of the personal relationship require action, such as reassignment, to maintain compliance with this policy.
Cal. Code Regs. Tit. 22, § 5300
Note: Authority cited: Section 11400.20, Government Code; and Section 411, Unemployment Insurance Code.
Note: Authority cited: Section 11400.20, Government Code; and Section 411, Unemployment Insurance Code.
2. Amendment of section heading and section filed 12-27-2024; operative 12/27/2024. Exempt from the APA pursuant to Government Code section 11340.9(d). Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2024, No. 52).