Two members of an immediate family are employed by the library. They were hired long ago at different times by a previous administration. After many years and changes in leadership one family member is now in a supervisory position over the other. There is no other supervisor for him to report to. Is there any reason why the employee cannot continue to be employed? Are there any legal pitfalls we need to worry about? Thank you.
There are many scenarios where one family member supervising another goes just fine: everyone gets along, the supervisor’s feedback and constructive criticism is cheerfully received, and everyone—from trustees to fellow employees—finds things fair, above-board, and ship-shape.
There are several other scenarios where one family member supervising another goes horribly awry: co-workers are mistrustful, the supervisor’s feedback and constructive criticism is ignored, and everyone—from trustees to fellow employees—finds things unfair, imbalanced, and out of whack.
None of the reasons in the “horribly awry” scenario are reasons why an employee “cannot continue to be employed,” but rather, are reasons why such scenarios should be avoided in the first place, and, when they can’t be, why appropriate steps should be taken to mitigate them.
This same is true of the “legal pitfalls.” While there is generally no law barring such a relationship,[1] but there are certainly things to worry about and mitigate, including: conflict of interest, bias during civil rights investigations, contract compliance, and reporting theft/whistleblowing.
Let’s look at those “things” more specifically:
|
Factor |
Risk |
Mitigation |
|
A parent supervises a child and has to conduct their annual performance review.
(Conflict of interest) |
That the supervisor will not review the employee as rigorously as others. |
The supervisor’s supervisor, and/or a member of the personnel committee participates in the review. |
|
A sibling supervises a sibling and has to require documentation after three days of sick leave.
(Conflict of interest) |
That the supervisor will not require the same level of documentation required by policy, because they trust family. |
The supervisor is careful to uniformly apply rules and document same. |
|
A cousin supervises a cousin and decides who gets to pick up extra work and OT (or who gets out of it).
(Conflict of interest) |
That the supervisor will either give the opportunity to earn more money to a family member and/or NOT require them to put in extra hours. |
The supervisor’s supervisor, and/or a member of the personnel committee assist with assignment of work that is not routine. |
|
A parent supervises a child and has to address their alleged sexual harassment of a co-worker.
(Risk of bias) |
DO NOT DO THIS
For this reason (among others), policies should always have more than one person to report civil rights violations to. |
To ensure there is not risk of an appearance of bias, the report MUST be passed on to the next level of authority immediately.
|
|
A child supervises a parent on a grant-funded project the parent is a sub-awardee on, or selects them as the provider, or arranges for them to get the contract.
(Conflict of Interest and Contract compliance)
|
DO NOT DO THIS
Failure to properly declare and manage a conflict of interest could jeopardize compliance with the terms of a grant. |
Employees who are in a position to ensure a family member may become a contractor should declare the possible conflict as soon as possible and be removed from the decision-making and supervision. |
|
A spouse supervising a spouse and has to lead a team with several other members through a stressful new project (like construction, or a new type of event).
(Conflict of Interest and Risk of Bias) |
While possible favoritism and bias during routine operations can be mitigated with routine procedures, a new project can bring new and unanticipated pressures. |
Whenever possible, ensure there is another line of supervision on a new project, so the novelty of the situation can’t present unplanned-for concerns. |
|
A cousin supervises a cousin and catches them taking funds from the petty cash.
(reporting theft/whistleblowing) |
Ouch. |
Any type of concern involving suspected theft or mishandling of employer resources and a relative should always be reported the next level of leadership, so the responsibility for deciding what to do (or not do) resolves at the highest level of decision-making. |
So, to be clear: unless there is a local law, bylaw or policy that prohibits it, an employee can supervise a relative,[2] but as the chart above shows, things can quickly get complicated.
By thinking ahead and setting up procedures to mitigate possible complications, accusations of bias, unfairness, and conflict of interest can be either avoided, or shown to be unfounded.
Thank you for an important question.