Favoritism in the workplace is common, but sometimes what appears to be harmless “buddy-buddy” behavior between a manager and an employee can actually cross the line into unlawful discrimination.
When a boss gives special treatment to certain employees based on friendship, bias, or romantic relationships, it can create an unfair work environment that violates California and federal employment laws.
What is Workplace Favoritism?
Workplace favoritism happens when a supervisor treats one or more employees more favorably than others for non-job-related reasons. This might include:
- Giving friends or close employees better assignments or promotions
- Offering higher pay or bonuses to favored employees
- Allowing certain employees to bend rules without consequences
- Ignoring misconduct or poor performance from favored staff
If favoritism feels unfair, it also might not be legal.
Employment law generally allows managers to make decisions based on personal preference, unless they show favoritism that is connected to a protected characteristic under the law.
When Favoritism Crosses the Legal Line
Under both California’s Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964, it’s illegal for employers to make job decisions based on protected traits, such as:
- Race or color
- Sex, gender identity, or sexual orientation
- Age (40 and over)
- Disability
- Religion
- National origin
- Pregnancy or parental status
If a supervisor consistently promotes male employees over equally qualified female employees, or provides preferential treatment to employees who share the supervisor’s ethnicity or religion, their behavior could constitute unlawful discrimination.
“Friends With the Boss” and Nepotism
Many workplaces experience issues such as friendship-based favoritism or nepotism (favoring family members). While it may not always violate employment laws, it can lead to indirect discrimination when certain employees are consistently disadvantaged because of the favoritism shown to others.
For instance:
- A manager regularly invites male employees to social outings where important work decisions are made, excluding female employees from those opportunities.
- A supervisor consistently promotes friends who share the same cultural background, overlooking other qualified employees.
Patterns of favoritism may contribute to a hostile work environment or amount to disparate treatment, particularly when they align with distinctions based on a protected characteristic such as gender, race, or religion.
Signs Favoritism Might Be Discrimination
Determining whether favoritism in the workplace crosses into discrimination can be challenging. Employees who are unsure whether preferential treatment in their workplace has become unlawful should look for the following red flags:
- Unequal enforcement of rules – certain employees are disciplined for conduct others get away with.
- Promotion bias – advancement opportunities consistently go to a specific gender, race, or age group.
- Unequal pay or benefit – employees in similar roles receive different compensation without justification.
- Hostile environment – favoritism fosters an atmosphere of exclusion or harassment toward others.
- Retaliation – employees who complain about unfair treatment are punished or demoted.
When Does Workplace Favoritism Cross Into Discrimination?
Employees who believe workplace favoritism crossed into discrimination should :
- Document everything – keep records of emails, schedules, performance reviews, and examples of unequal treatment.
- Follow internal procedures – Employees should report their concerns to the Human Resources department or the company’s compliance office.
- Consult an employment lawyer – An experienced employment attorney can help determine whether an employee’s situation qualifies as unlawful discrimination or retaliation. If it does, the attorney may assist in pursuing compensation for lost wages, emotional distress, punitive damages, and attorney’s fees.
Fairness Shouldn’t Depend on Friendship
A positive relationship with a supervisor should not determine which employees have opportunities to succeed in the workplace. When favoritism becomes a pattern of exclusion, harassment, or unequal opportunity, it can violate California’s anti-discrimination laws.
If workplace favoritism has unfairly affected an employee’s career, they do not have to face it alone. Lawyers for Justice P.C. is a top-tier employment law firm with decades of experience and a proven record of success. One of the firm’s experienced employment attorneys can help employees take action to have their situation reviewed, gain a clear understanding of their legal options, and pursue the fair treatment and compensation they deserve.
Call 818-JUSTICE or fill out the online contact form for a free consultation!