Cecily Zamora
The United States has anti-nepotism laws in place to prevent public officials from using their influence to advance their relatives in hiring or career advancement. The anti-nepotism restrictions apply to employees on the official payroll of a Member of Congress or committee, and specifically prohibit the hiring of relatives of Members on their staff or on the staff of committees or subcommittees that the Member chairs. The laws also apply to Foreign Service and Civil Service employees of the US Department of State, with separate regulations for overseas local hires. While the laws prohibit improper influence by relatives, they do not prohibit family members from honourable public service.
| Characteristics | Values |
|---|---|
| What is Nepotism? | Patronage bestowed or favoritism shown on the basis of a family relationship |
| Who does the law apply to? | Public officials, including the President and Members of Congress |
| Who is considered a relative? | Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, in-laws, step-relatives, half-brother or half-sister |
| Who is considered an employee? | Foreign Service or Civil Service employee of the U.S. Department of State, or a PSC employee |
| What are the restrictions? | Public officials cannot use their influence to advance their relatives in hiring or career advancement; Members of Congress cannot hire their relatives or those related to other Members |
| What is the process for anti-nepotism review? | Requests for approval must be submitted to the DGTM or relevant HR office; appeals can be made to the DGTM or the Assistant Legal Adviser for Employment Law |
| Are there any exceptions? | Campaign workers are not covered by anti-nepotism restrictions; Members can employ two unrelated individuals who are related to each other |
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What You'll Learn
The Civil Service Reform Act of 1978
One of the key provisions of the Act was its focus on prohibiting nepotism and other forms of prohibited personnel practices (PPP). Nepotism, defined as patronage or favouritism bestowed based on family relationships, was addressed as PPP number 7. The Act aimed to prevent public officials from using their influence to advance their relatives in hiring or career advancement. It emphasised that employees should be chosen based on their individual merit, ensuring a level playing field for all applicants.
Additionally, the Act included provisions related to civil service functions, performance appraisals, adverse actions, and appeals. It established the Office of Personnel Management as an independent establishment within the executive branch, headed by a Director appointed by the President with the advice and consent of the Senate. The Act also addressed veterans' preference for civil service employment, limiting it to retired members of the armed forces who were disabled veterans or who retired below the rank of major.
Overall, the Civil Service Reform Act of 1978 played a crucial role in strengthening the merit-based principles of the federal workforce, ensuring equal opportunities for all applicants, and preventing nepotism and other forms of favouritism in the civil service.
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The Code of Official Conduct
Nepotism is defined as favouritism shown or patronage bestowed based on family relationships. The Code of Official Conduct aims to prevent nepotism by prohibiting public officials from using their influence to advance their relatives in hiring or career advancement. This includes not only immediate family members but also extends to more distant relatives, such as cousins, nieces, and nephews.
To ensure compliance, the Code of Official Conduct outlines specific restrictions on the employment of relatives. For example, it prohibits a member of Congress from hiring their relative to work on their staff or on a committee they chair. Similarly, it prohibits a House employee from accepting compensation for work on a committee that their spouse serves on as a member. These anti-nepotism restrictions also apply to campaign workers and employees on the official payroll.
In addition to these specific restrictions, the Code of Official Conduct may require an anti-nepotism review (ANR) in certain scenarios. For instance, if two relatives are working in the same organisation, they may need to recuse themselves from certain meetings or interactions to avoid any potential conflicts of interest. The code also provides guidelines for seeking approval for the employment or assignment of relatives, both domestically and abroad, with specific procedures outlined for Foreign Service employees.
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Definitions of relative and employee
The US has anti-nepotism laws at both federal and state levels. The anti-nepotism law, as applied in the House, prohibits the hiring of a relative of a Member on that Member's staff or on the staff of a committee or subcommittee that the Member chairs. The statute defines a "relative" as a spouse, parent, sibling, child, aunt, uncle, grandparent, great grandparent, or first cousin, among others. The law bans the employment of these specifically named relatives.
The anti-nepotism restrictions apply only to employees on the Member's or a committee's official payroll. Campaign workers are not covered. The statute does not prohibit a Member from employing two individuals who are related to each other but not to the Member.
Federal law, at 5 U.S.C. § 3110, generally prohibits a federal official, including a Member of Congress, from appointing, promoting, or recommending for appointment or promotion any "relative" of the official to any agency or department over which the official exercises authority or control. This provision assures that public officials cannot use their influence to advance their relatives in hiring or career advancement.
For prohibited nepotism to occur, there must be an act of advocacy. For example, in Wallace v. Department of Commerce, Wallace was a high-ranking official who became aware that her sister was interested in a position that fell under her authority. Wallace notified senior management that she was recusing herself from the hiring process and sought guidance on ensuring a fair and impartial selection. Wallace's sister was ultimately selected for the position, but the Board held that nepotism did not occur because the agency could not establish that Wallace's "mere presence in the chain of command" constituted a violation.
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Anti-nepotism reviews
The United States does have anti-nepotism laws in place, which are intended to prevent improper favouritism towards relatives in hiring or career advancement. While these laws do not prohibit family members from public service, they do prevent public officials from using their influence to advance their relatives' careers.
The anti-nepotism laws apply to a wide range of individuals, including officers, members of Congress, uniformed service members, and employees with the authority to appoint, employ, promote, or advance others in an agency. The definition of a "relative" is also broad, covering immediate and extended family, as well as in-laws and step-relatives.
The anti-nepotism restrictions apply to employees on the official payroll of a Member of Congress or a committee. Campaign workers are not covered by these restrictions. The laws prohibit a Member of Congress from hiring their relative to work in their office or on a committee they chair. Similar restrictions apply to the Foreign Service and Civil Service employees of the US Department of State, with separate regulations for overseas local hires.
To ensure compliance, anti-nepotism reviews (ANR) may be required in certain scenarios. For example, if two related employees are serving on the same committees or if a relative of a public official is applying for a position under their authority. In such cases, the public official may need to recuse themselves from the hiring process or any substantive meetings where joint control of resources or policy-setting is involved.
Requests for approval of employment or assignment in such scenarios must be submitted through an Action Memo to the relevant authority, with the final determination subject to clearance by the Assistant Legal Adviser for Employment Law. Appeals can be made to the Director of the Bureau of Global Talent Management or the relevant HR office.
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Appeals and approval processes
The United States does have anti-nepotism laws in place, which are designed to prevent improper favouritism towards relatives in hiring or career advancement. While these laws do not prohibit family members from honourable public service, they do restrict the employment of relatives and prevent public officials from using their influence to advance their relatives' careers.
The anti-nepotism laws in the US involve several approval processes and appeal avenues. Here is an overview:
- Approval by DGTM or HR Office: When it comes to employment or assignment requests, the approval or disapproval by the Designated Global Talent Manager (DGTM) or the relevant Human Resources (HR) office is crucial. This decision is subject to clearance by the Assistant Legal Adviser for Employment Law.
- Appeals to DGTM: If an individual wishes to appeal a determination made by the HR office, they can address their appeal to the DGTM. The DGTM has the authority to sustain or amend the original determination. Appeals are typically transmitted by the appropriate bureau to the DGTM.
- Anti-Nepotism Review (ANR): In certain scenarios, an anti-nepotism review may be required to assess the need for further action. For example, if two related employees serve on emergency action committees or hold acting leadership positions, an ANR may be warranted.
- Supervisor Concurrence: The concurrence of a supervisor or higher management official to an Alternative Supervisory Arrangement (ASA) is not binding on their successor. If a new supervisor does not wish to approve a pre-existing ASA, it can be revoked, potentially leading to one relative having to choose between leave, curtailment, or reassignment.
- Recusal and Fair Hiring: In cases where an employee or their supervisor has a relative applying for a position, the employee must recuse themselves from the selection process. This includes refraining from any involvement in defining job requirements, serving on the hiring committee, or influencing the selection process. As seen in the case of Wallace v. Department of Commerce, recusal and fair hiring processes are critical to ensuring compliance with anti-nepotism statutes.
- Certification of Payroll and Relationships: The employing authority, such as a committee or subcommittee chairman, must certify each employee's relationship to any Members of Congress on monthly payroll authorizations. This ensures transparency and helps enforce anti-nepotism laws.
- Restrictions on Supervision and Official Actions: Employees are generally prohibited from exercising general supervision over their relatives. They are also restricted from signing or approving official actions that directly affect their relatives, including appointment affidavits, security clearances, personnel actions, travel approvals, and disciplinary actions, among other things.
- Use of Committee Funds: Regulations issued by the Committee on House Administration prohibit the use of Committee funds to benefit a Member or their relative, unless specifically allowed by federal laws, House rules, or Committee regulations. This extends to both clerk hire and official expenses allowance.
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Frequently asked questions
Yes, the US has anti-nepotism laws in place.
Nepotism is defined as patronage bestowed or favouritism shown on the basis of a family relationship.
Anti-nepotism laws are in place to limit the appearance of improper favouritism towards relatives. These laws ensure that public officials cannot use their influence to advance their relatives in hiring or career advancement.
Anti-nepotism laws vary across different sectors. For example, in the House of Representatives, anti-nepotism laws prohibit the hiring of a relative of a Member on that Member's staff or any committee the Member chairs. In the US Department of State, anti-nepotism regulations require spouses who are both acting DCMs to recuse themselves from substantive meetings or interactions where they would exercise joint and exclusive control of government resources.
