Need Legal Help? Schedule Your Free Consultation Today!
March 18, 2025Favoritism in the workplace is common. Many employers have preferred employees, whether due to personal relationships, performance levels, or other subjective reasons. While playing favorites may create a toxic work environment, it is not always illegal. However, when favoritism crosses the line into discrimination—favoring certain employees based on race, gender, age, disability, national origin, or other protected characteristics—it becomes unlawful under both California and federal employment laws.
Understanding the difference between nepotism, favoritism, and illegal discrimination can help employees determine whether they have a legal claim against their employer.
Workplace favoritism occurs when an employer unfairly prioritizes certain employees over others. This can involve giving select employees better work assignments, promotions, pay raises, or other benefits not based on merit. Favoritism can also include excusing certain employees from following workplace policies while holding others to a stricter standard.
In some cases, favoritism is harmless or simply a reflection of workplace dynamics. A manager may naturally gravitate toward certain employees due to shared interests, personality compatibility, or strong performance. While this can be frustrating, it does not always constitute discrimination.
However, when an employer bases favoritism on protected characteristics, it violates employment laws and can lead to legal consequences.
Workplace favoritism becomes illegal when preferential treatment is given based on race, gender, age, disability, national origin, religion, pregnancy status, or other protected classes under California’s Fair Employment and Housing Act (FEHA) and federal Title VII of the Civil Rights Act.
For example, if a manager only promotes younger employees over older workers despite equal qualifications, this could be a case of age discrimination. Similarly, if an employer consistently gives better opportunities to male employees over female employees, that could be considered gender discrimination.
Favoritism can also be illegal if it results in a hostile work environment. If an employer’s biased treatment creates an atmosphere where certain employees feel targeted, excluded, or undervalued due to their protected status, it may be grounds for a discrimination lawsuit.
Additionally, favoritism that leads to retaliation is illegal. If an employee speaks out against workplace discrimination and is subsequently excluded from promotions or given undesirable work assignments, the employer may be engaging in retaliatory discrimination.
Nepotism—the practice of favoring family members in hiring or promotions—is often frustrating for employees but is generally not illegal unless it leads to discrimination. If an employer only hires or promotes family members of a certain race or gender, it may violate anti-discrimination laws.
For example, if a business owner only hires relatives who are men and refuses to promote female employees, this could be a form of gender discrimination. The key factor is whether the favoritism disproportionately impacts employees in a protected class.
If you believe workplace favoritism has crossed into illegal discrimination, gathering evidence is critical. Employees who experience discrimination should document:
Discrimination cases often require circumstantial evidence to prove favoritism is illegal rather than just unfair. Patterns of behavior, discrepancies in promotions, and evidence of bias in workplace decisions can strengthen a claim.
Proving illegal favoritism and discrimination can be complex, especially when employers deny wrongdoing or attempt to justify their decisions. An employment attorney can review your case, help gather evidence, and ensure your legal rights are fully protected.