Legal Question in Employment Law in Indiana

I have recently applied for a position at the company where my ex-husband is currently employed. The company is known for its strict nepotism policy, and I still carry his last name. I did not list him as a reference, as I had plenty of other references and didn't want him involved. I have 11 years experience in the position I applied for, and very good references. I received a rejection letter from the company's HR dept which stated I wasn't what they were looking for, yet the dept I applied for told me in person that they very much wanted to hire me. I have called the apprlopriate pelople in HR, and can't get anyone to return my calls. Several people in the dept I applied for have suggested it may be because of the nepotism policy.

My question is: Is it nepotism just because my ex-husband works there? I've not asked for his help, my references and experience speak for themselves, and he is in no position that could offer me favors to advance. We are divorced, no longer related. Also, we were married only 2 weeks befolre we were seperated then divorced, not married 25 yrs.


Asked on 2/24/11, 4:41 pm

1 Answer from Attorneys
Kenneth Lauter Kenneth E. Lauter, PC

I don't know how the company's nepotism policy reads, so I don't know if it covers ex-spouses. Nonetheless, I am unaware of any federal or state law that prohibits job decisions based on nepotism policies -- whether wrongly or rightly applied. The only way I can see that you have a claim is if there is a comparator -- someone similarly situated who was hired while you were not -- who is in a different protected category than yourself.

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Answered on 2/25/11, 9:03 am


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