In order to build a strong case of discrimination against your employer for illegal discrimination, you must provide evidence that suggests that the discrimination was much more than simple preferential treatment or favoritism. Building a Discrimination Case Against an Employer In these instances, if a supervisor or manager fails to promote or provide the same amount of compensation to a worker that engaged in whistleblowing actions or other protected forms of reporting of discrimination, harassment, unsafe working conditions, or other illegal activity, it will rise to the level of illegal retaliation. If a manager, supervisor, or employer punishes an employee as a result of their legal reporting of an illegal practice in the workplace, this will rise to the level of illegal retaliation. Similarly, if a supervisor conditions employment benefit or a promotion on participating in sexual conduct or enduring harassment, then it is a blatant violation of Federal and California law prohibiting sexual harassment. In these instances, favoring a romantic partner over another employee with a similar or better work performance record could also constitute discrimination under the law.
When romantic relationships occur in the workplace, especially between a supervisor and subordinate, it creates the risk of discrimination. While certain men may find that other men have similar interests to them, they cannot extend preferential treatment to those men over women that have better or comparable job performance simply because they have common interests with men. If male employees receive better training opportunities, are promoted automatically or unfairly, or receive higher salaries for the same job performance, this would violate federal and California law. The Equal Employment Opportunity Commission and California’s Department of Fair Employment & Housing Act require that if an employer shows preferential treatment against a female employee solely because of their gender this is an illegal act under federal law. In these circumstances, the preference has risen from simply favoritism to an illegal act of discrimination in the workplace. Title VII of the Civil Rights Act of 1964 and the California Fair Employment & Housing Act prohibits any discrimination in the workplace related to these types of characteristics. For example, an employer does not have the legal right to hire aĬhristian person over a Jewish person simply because they are Christian or refuse to promote someone because of their race or gender. If an employer makes a decision regarding employment, promotion, bonuses, or other decisions related to the job it must be based upon the work done by the employee and not on any protected characteristics. If an employer, manager, or supervisor treats an employee differently because of their age, disability, race, religion, gender, or sex, the preferential treatment or favoritism is illegal. As you can imagine, making the distinction or designation when this occurs can prove legally challenging and complex.Įssentially, the litmus test to determine whether or not preferential treatment is illegal is whether it violates any state or federal law regarding a discriminatory practice. However, if the preferential treatment rises to another level based on the fact that the manager or supervisor fails to promote or reward someone based on their age, ethnicity, race, or gender, their favoritism may be illegal. While it may seem unfair, it is not illegal for a person to hire someone’s family member, or even give preference to people they simply like better.
Preferential treatment and favoritism exist when a manager or supervisor clearly demonstrates preferential treatment or additional positive rewards to one person over others that are based on their gender, race, ethnicity, age, sexual preference, or other protected class and do not relate to their performance. Understanding Preferential Treatment and Favoritism
However, there are certain circumstances under which preferential treatment or favoritism in the workplace can rise to the level of employment discrimination. We all have the freedom to choose our friends and those we associate within our lives. Workplaces are not immune to preferential treatment, as many people simply click or find commonalities with others that they give special attention to and provide better opportunities. Everyone has experienced favoritism or preferential treatment at some point in their lives.
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