Is Nepotism Always Illegal? – Kotch v. Board of River Port Pilot Commissioners, 330 U.S. 552 (1947)

Is Nepotism Always Illegal? – Kotch v. Board of River Port Pilot Commissioners, 330 U.S. 552 (1947)

This U.S. Supreme Court case is about possible legal exceptions to nepotism in hiring. Although generally speaking the nepotism in hiring would be a violation of the equal protection clause of the Fourteenth Amendment, in some very limited cases, according to the Court, it could be to some extent legal. The case is about Louisiana state practices of appointing candidates to the state positions of river pilots. Under the Louisiana law, all ships going to and from the port of New Orleans through the Mississippi river should be guided by the river pilots who are state officers. In order to be appointed to a position of pilot a candidate should […]

Can All Employees Be of the Same Ethnic Origin?

Can All Employees Be of the Same Ethnic Origin?

In 1985 The Equal Employment Opportunity Commission (EEOC) brought a suit against a small company providing janitorial and cleaning services in Chicago (EEOC v. Consolidated Service Systems). The owner of the company, a Korean immigrant, was hiring mostly Koreans. He did it by relying on word of mouth rather than traditional means of advertising. The EEOC claimed that the company was discriminating in favor of the persons of Korean origin. Title VII of the Civil Rights Act of 1964 explicitly prohibits any discrimination in hiring based on “race, color, religion, sex, or national origin.” The court was looking for any evidence of an intentional discrimination, because the mere fact that […]