Considering Personal Relationships and Off-Duty Conduct

California law prohibits you from discriminating on the basis of marital status.¹ You do have the right when employing a married couple to refuse to place both spouses in the same department, division or facility if the work involves potential conflicts of interest or other hazards that are greater for married couples than for other people.²

Avoid intruding into and basing employment decisions on employees’ non-marital personal relationships. As a general rule, avoid inquiry into an employee’s off-duty activities in these areas, particularly in the absence of any showing of effect upon the employee’s work performance.