Workplace Nepotism In Firefighting

Summary

The user and her husband, both lieutenants in a Minnesota firefighting department, are facing a situation where her husbands promotion to captain may require her demotion. The HR department has suggested this due to nepotism policies, stating that she cannot report to her husband. The user and her husband have proposed an alternative reporting structure to the chief, but are awaiting HRs response. The user is unsure of the departments specific nepotism policy and is considering seeking legal advice.

Full Conversation

being asked to demote so my husband can promote
What is your location and the industry you're working in? This will help me provide more accurate information.
mn, firefighting
What is the exact position you and your husband hold in the firefighting department?

In Minnesota, employment decisions should be based on merit and not personal relationships. Discrimination is illegal under the Minnesota Human Rights Act.
Both are lieutenants
What is the reason given for asking you to demote?

In Minnesota, it's illegal to demote an employee without a valid reason under the Minnesota Fair Employment Practices Act.
So my husband can promote to captain. HR says I can't report to him. We are suggesting I report to the chief instead
What is the HR's reason for not allowing you to report to the chief instead of your husband?

In Minnesota, nepotism policies may prevent spouses from reporting to each other in the workplace.
No solid reason. They are saying that we cannot be on the same truck together if he is the officer because he would be in charge of me
What is the policy of your department regarding family members working together?

In Minnesota, nepotism policies vary by organization. It's important to review your department's specific policy.
Unable to find a specific policy
What steps have you taken to address this issue with your HR department?
We have revised city policy and the fire department policy. The city policy states most policies do not pertain to firefighters h less noted. The Chief is taking that to HR
What was HR's response after the Chief took the revised policies to them?
still waiting on a response
What is the timeline given by HR for their response?
none given
What is the current status of your husband's promotion?
currently waiting to hear if we can overturn HRs reasoning if he may promote only if I step down
What is the policy of your department regarding promotions and reporting structure?
Promotions are based on merit and chief discretion with the assist of HR. The wording makes it sound like the chief has the final say before presenting it to city cousin, who will need to approve it
What is the role of the city cousin in the promotion process?

In Minnesota, employment decisions should be merit-based and free from discrimination, as per the Minnesota Human Rights Act.
counsel. Counsel needs to approve
What is the process for the counsel to approve promotions?
not sure
Can you provide any information on how the counsel has handled similar situations in the past?
there have not been similar situations that we know of
What is the next step you're considering to resolve this issue?
I'm not sure
Have you considered seeking legal advice from an employment lawyer? They can help you understand your rights and options in this situation.
yes, depending on what the outcome will be
What is the outcome you are expecting from this situation?
for me to continue on in my rank and for my husband to promote without stipulations
Have you or your husband faced any form of discrimination or unfair treatment at work due to this situation?
no
What is the name of the city counsel who needs to approve the promotion?
I would rather not say at this time
Understood. Have you or your husband filed a formal complaint with HR regarding this issue?
not yet
What is preventing you from filing a formal complaint with HR?
we just received this information yesterday and are trying to figure out our next steps
What is the name of your HR representative who is handling this case?
would rather not say at this time
What is the name of your Fire Department? This will help me provide more accurate information.
Again I would rather not say at this time.
What is the name of the city where your fire department is located? This will help me provide more accurate information.
same response
What is the policy of your department regarding nepotism and reporting structure?
could not find one specifically. I sure if there is a state or federal law
What is the name of the city where you are located? This will help me provide you with the specific state or federal law applicable to your situation.
unsure
What is the name of the city where you are located?
thabky out for your assistance
What is the name of the city where your fire department is located? This will help me provide you with the specific state or federal law applicable to your situation.