If you’re feeling overlooked at work, it might be because of favoritism. Favoritism in the workplace happens when a manager or supervisor gives special treatment to certain employees. This special treatment can show up in many ways, like promotions, raises, or better job assignments.
It can be frustrating, especially when you work hard and feel that your efforts are not being recognized. But, can you take legal action? The answer depends on the situation. Let’s break down what employee favoritism is, when it becomes illegal, and what you can do if you’re a victim of it.
What is Employee Favoritism?
Employee favoritism occurs when supervisors or managers give certain workers preferential treatment for reasons that are not related to performance. This favoritism can lead to situations where some employees receive better job assignments, raises, promotions, or even easier work tasks, while others are left out.
Favoritism can hurt the work environment by causing frustration and low morale, especially among those who feel that their hard work is being ignored.
It’s important to know that not all favoritism is illegal. For example, if a manager favors someone based on a personal relationship or friendship, it may not break any laws. However, when favoritism results in unfair treatment based on specific protected characteristics, it becomes a legal issue.
When Does Favoritism Become Illegal?
Favoritism can become illegal when it crosses the line into discrimination or harassment. Discrimination happens when an employer treats you unfairly because of your race, sex, age, disability, religion, or other protected characteristics. This could happen if you are overlooked for a promotion or are given unfair treatment because of one of these characteristics. If this happens, you may have grounds to sue your employer for discrimination.
What is Discrimination in the Workplace?
Discrimination in the workplace occurs when an employee is treated unfairly or unfavorably because of specific protected traits. These traits are outlined in both federal and state laws. Protected characteristics include:
- Race
- Sex
- Age (40 and older)
- Disability
- Religion
- Pregnancy
- Genetic information
- National origin
For example, imagine you’re the only qualified candidate for a promotion, but your manager consistently overlooks you. If they are giving the promotion to other employees of the same gender, race, or age while ignoring your qualifications, you may be facing illegal favoritism based on discrimination.
Another example could be if a manager gives better job assignments to employees of the same race, gender, or age, while disregarding others with equal or better qualifications. In these situations, favoritism could violate the law.
Favoritism in the Form of Sexual Harassment
Favoritism can also turn into a form of sexual harassment. One form of sexual harassment is called quid pro quo harassment. This happens when a supervisor offers benefits like promotions, raises, or better assignments in exchange for sexual favors. If an employee gives in to this request or is treated poorly for rejecting it, they may have the right to sue for sexual harassment.
If you’re in a situation where you feel you are being pressured into providing sexual favors to get ahead in your job, it’s important to report it immediately. You may have a strong case for sexual harassment, which could be another reason to take legal action.
Retaliation: Favoritism as Punishment
In some cases, favoritism can also be retaliation. This happens when an employer punishes an employee for engaging in legally protected activities, such as:
- Filing a complaint about unfair treatment or discrimination.
- Filing a discrimination lawsuit.
- Joining or supporting a union.
- Participating in an investigation regarding workplace misconduct.
If you have complained about unfair treatment or engaged in any of these protected activities, and your employer starts favoring others while treating you unfairly, it could be a form of retaliation. Retaliation can include being denied promotions, demoted, or even fired. If this happens, you may be able to take legal action.
When Favoritism Violates Employment Contracts or Company Policies
Some workplaces have specific contracts or policies in place to protect employees from unfair treatment. For example, your company’s employee handbook may outline clear rules about how raises or promotions are determined. If your employer is ignoring these rules and giving special treatment to certain individuals, they may be violating company policy or even an employment contract.
In some cases, favoritism can violate an employment contract. Let’s say you have a contract that promises you can only be fired for just cause, but your employer fires you without reason and replaces you with a personal friend. This could be a violation of the contract, and you may be able to sue your employer for breach of contract.
Favoritism in Government Employment
In government jobs, favoritism is often referred to as nepotism. Nepotism is when an employer gives preferential treatment to family members or close friends. This is often considered unlawful in government positions, especially if it leads to the hiring or promotion of someone who is not qualified for the job.
Government jobs are usually subject to stricter rules and regulations, and favoritism in government jobs can violate public policy. This is especially true when the favoritism leads to unfair treatment of other qualified candidates.
What Can You Do If You Are a Victim of Favoritism?
If you believe you are being treated unfairly at work because of favoritism, there are a few steps you can take to address the situation:
Document Everything
The first thing you should do is keep a record of the unfair treatment. Write down specific instances of favoritism, including:
- The date and time.
- What happened.
- Who was involved.
- How the favoritism affected you or your work.
The more detailed your record, the stronger your case will be if you decide to take legal action.
Review Company Policies
Take a look at your employee handbook or company policies to see if there are any rules about promotions, raises, or performance evaluations. If your employer is violating these rules, you may be able to take action based on a breach of company policy.
Talk to HR
If you feel comfortable, consider reporting the favoritism to your Human Resources (HR) department. HR should investigate your complaint and take appropriate action. Keep in mind that HR is there to protect both the employee and the company, so it’s important to make sure your complaint is backed by solid evidence.
Seek Legal Help
If your internal complaints don’t lead to any resolution, it may be time to seek legal help. An employment lawyer can help you understand your rights and guide you through the process of filing a lawsuit. They will also help you determine whether the favoritism you’re experiencing is illegal and whether you have a strong case.
File a Complaint
In some cases, you may need to file a formal complaint with government agencies such as the Equal Employment Opportunity Commission (EEOC) or your state’s Department of Fair Employment and Housing (DFEH). These agencies handle discrimination claims and may investigate your case further.
Can You Sue for Employee Favoritism?
Yes, you can sue for employee favoritism if it crosses the line into discrimination, sexual harassment, retaliation, or a breach of contract. Here’s what you need to know:
- Discrimination: If favoritism is based on your race, gender, age, disability, or another protected characteristic, you may have grounds for a discrimination lawsuit.
- Sexual Harassment: If favoritism is tied to sexual advances or quid pro quo harassment, you may file a sexual harassment lawsuit.
- Retaliation: If you are being retaliated against for filing a complaint or engaging in protected activities, you may be able to sue for retaliation.
- Breach of Contract: If your employer’s favoritism violates your employment contract or company policies, you may have a case for breach of contract.
Conclusion
Favoritism in the workplace can be difficult to deal with, but it’s important to understand when it becomes illegal. If you are being treated unfairly because of your race, sex, age, or another protected characteristic, or if you are experiencing retaliation or harassment, you may have the right to take legal action. Remember to document everything, review company policies, talk to HR, and seek legal advice if necessary. If you’re a victim of illegal favoritism, don’t hesitate to stand up for your rights and pursue justice.