Call For A Free Consultation - Available 24/7

Favoritism in the Workplace

Founding Member of Moshes Law, P.C.
During his years of practice, Yuriy has concentrated in litigation and real estate transactions as his areas of expertise.
nepotism and favoritism in the workplace

In many workplaces, there’s a common tendency for people to prefer working with friends, leading to unintentional biases. This practice, though widespread, has detrimental effects, harming employee morale significantly.

Do You Need an Employment Attorney?

If you need legal help with something happening in your workplace, set up a FREE consultation today.

After reading the article you will have a deep understanding of:

  • Favoritism in the workplace
  • Legality of favoritism at work
  • Major problems with favoritism at work
  • Effects of favoritism at work
  • Major signs of favoritism at work
  • Examples of favoritism in the workplace
  • Fighting favoritism at work
  • Suing your employer for unfair treatment on the base of favoritism
  • Complaining to employer of unfair treatment
  • FAQ about unfair treatment at work

Let’s dive into the topic.

What is Favoritism in the Workplace?

Favoritism in the workplace occurs when a manager or other senior employee provides special treatment to an employee for reasons unrelated to that employee’s job performance. For example, if an employee and a manager are on the same golf league that meets every Sunday, they may have developed a special relationship that the manager did not develop with other employees. If the manager promotes or otherwise makes a positive employment decision for that employee based on their relationship, and not the employee’s job performance, favoritism may have occurred. Favoritism can be in the form of a promotion, better job assignments, raises, better hours, or the decision to keep that employee on the payroll when others are furloughed or laid off. 

Nepotism And Favoritism In The Workplace

Nepotism in the workplace is a practice of appointing relatives to positions for which others are more qualified. Despite its negative connotations, nepotism can be an important and positive practice in the early stages of a startup company where people are usually being asked to work for low salaries. While nepotism is generally not illegal for private employers, it is typically illegal for government positions in New York. This means that a public employee cannot hire a family member or other relative merely because of that relationship. In the private setting, engaging in nepotism, while not illegal, may be (and typically is) against the employment policy of a company, potentially subjecting the hiring manager to discipline. 

Cronyism, on the other hand, is the act of hiring friends and associates regardless of qualifications. One of the main problems with cronyism, which you also find in nepotism in the workplace, is the feeling of entitlement that employees hired under these circumstances feel. Because they are friends with\or are related to, an executive with the company, they feel they deserve raises and promotions that should be reserved for more qualified staff members. This creates conflict in the workplace and can result in losing qualified employees. As with nepotism, cronyism is generally not illegal for a private company, as private employers are free to hire who they wish. It is, however, illegal for public employers to engage in cronyism. 

Businesses sometimes obscure favoritism by elevating trusted employees to managerial roles, encouraging them to recruit acquaintances and relatives. This preferential approach may proliferate as these managers advance more favored individuals into positions of power. Although nepotism and workplace favoritism aren’t explicitly against the law in the private sector, they often signal the existence of other unfair practices.

The bottom line is that favoritism, nepotism, and cronyism all lead to unfair treatment at work.

Is Favoritism Illegal?

While favoritism in the workplace is not, in and of itself, unlawful, favoritism does become illegal discrimination when the reason behind the favoritism is related to race, age, sex, religion, national origin, disability, pregnancy, sexual orientation, color or genetic information. That means that as long as your boss is not making decisions based on one of the aforementioned protected traits, he or she is perfectly entitled to play favorites and hire, promote, or offer additional benefits to anyone he or she likes. Thus, your manager is not violating the law by favoring his or her golfing buddies, family members, or even someone on which he or she has a crush.

What are the Major Problems with Favoritism at Work?

While most types of favoritism do not violate any laws, you should recognize examples of favoritism at work which are in fact illegal.

Favoritism can be an illegal discrimination

This happens when employers make job decisions based on employees’ protected characteristics/traits. If a manager’s favoritism is based on a protected characteristic, such as race, sex, or religion, it would constitute illegal discrimination. For example, it is illegal for a manager to refuse to promote Latino employees and/or to only give desirable assignments to younger workers.

Favoritism in Form of Sexual Harassment

One form of sexual harassment occurs when a supervisor favors employees who submit to the manager’s sexual advances. For example, it is illegal for a supervisor to give certain employees better assignments or other job benefits because they give in to the supervisor’s sexual advances.

Favoritism as a Retaliation

Favoritism might violate laws that prohibit retaliation too. For example, it is illegal for a manager to favor employees who have not complained of discrimination or engaged in some other protected activity.

Similarly, it is also illegal retaliation if a manager disfavors an employee (for example, by cutting back her hours, assigning her to the graveyard shift, or taking away prestigious clients) after she complains of discrimination.

Overlooked Potential

When a supervisor continually favors one or a few employees over the others, he or she may be missing out on the talents and skills the others bring to the table. This can lead to promoting someone who is not ready for more responsibilities over someone who is ready and able to take on a challenge.

Lower Morale

There is a general sense of unfairness when employees perceive that there is favoritism in the way in which they are treated by management. This brings down company morale because favoritism leads employees to believe that no matter what they do, their efforts won’t be rewarded if they are not one of the favored few.

Resentment

Favoritism can cause employees to begin to resent the supervisor who is unfairly favoring employees who may not be the most deserving, as well as resent the favored employees who are taking advantage of the situation.

Resignations

If the resentment reaches a certain point, the company may be at risk of losing some potentially excellent employees who won’t want to stick around where they’re not appreciated.

Stunted Growth

With a decline in morale, growing resentment, and overlooked potential, a supervisor who unfairly favors one group of employees is also hurting the company overall by stunting the growth that would come from moving the best employees forward to management positions. This also is a consequence of losing employees who may have been of great value.

How to Prevent Favoritism in the Workplace?

As an employee, it’s challenging to prevent biases from influencing your managers and supervisors without potentially jeopardizing your job security. This challenge arises because these biases, while technically permissible, can lead others to perceive you as ungrateful or envious if you speak up against them. However, there are strategies you can employ to address this issue. One effective approach involves keeping a record of your achievements and being ready to advocate for yourself when necessary. When decisions are being made, having tangible evidence to support why you merit recognition is crucial. Whether it’s due to being overlooked in prior promotions or because your contributions have significantly benefited the company compared to your colleagues, presenting solid proof makes a compelling case that’s hard to overlook.

is favoritism illegal

Another way to prevent favoritism is to foster a workplace culture of fairness yourself. For example, if you have employees that you supervise, make sure you are not engaging in unconscious favoritism yourself. Keep lists of which employees you provide the best assignments to. Track which employees are rewarded at work and why you decided to reward them. If the employees you supervise directly are treated with fairness and respect, they will begin to demand the same from others.  

Signs of Favoritism At Work

Sometimes favoritism in the workplace is apparent, especially when a manager and an employee are friends or the managers play favorites. Other Times, however, there is a fine line between favoritism and merit based decisions. The following are some tell-tale signs that favoritism is taking place:

  • Undue Promotions – Employees that underperform or have significantly less experience are being promoted over those who are more deserving.
  • Unfair Inclusion or Exclusion – Certain employees are included more than others and on a continuing basis by management. Sometimes, management may include these individuals in meetings more often or ask for their input more than others.
  • Double Standards – Certain standards are expected from some employees, but not from others who enjoy more lenient expectations from the manager.
  • Privileges – Some employees are given additional responsibilities or privileges that other similarly situated employees are not, such as time off, access to certain areas of the building, or access to corporate resources. 
  • Outside Work Activities – A boss and an employee oftentimes engage in activities, such as golfing or going out for drinks, without including others. While this is not necessarily favoritism, this is generally an indication that the employee and the boss have a relationship that others do not, which may affect that boss’s decisions. 

Examples of Illegal Favoritism in the Workplace

The following examples of favoritism in the workplace are illegal.

  • Women in the company are continually refused promotions and pay raises for which they are perfectly qualified while male employees routinely get promotions and pay raises.
  • Younger employees get to handle all the promising clients and projects because the owner wants to promote the image of youthful company.
  • An employee who practices the same religion as the boss is always assigned the most promising trips and conferences in exotic locations while employees who practice other religions are denied these opportunities.
  • All major positions in the company are staffed with people of a certain national origin while other qualified employees of different national origins are denied those positions.
  • Employees who filed claims of discrimination receive more criticism from a manager, while employees who never complained of discrimination get better performance evaluations from the manager.

If you encounter any of these or similar cases at work, you should consult employment lawyers for workplace fairness to ensure that illegal practices are put to an end.

What to Do if You Encounter Favoritism in the Workplace?

Try to understand the reason for the preferential treatment. Is it a friendship or other relationship? Is it because of a history or common experience together? Is it simply a matter of habit or trust? Is it due to an unlawful discriminatory reason? Knowing this may help you determine whether it is legal or illegal favoritism.

Talk to your colleagues to see if they observe similar patterns. If you suspect any unfair treatment that might involve harassment, retaliation, or discrimination, having someone else who can confirm what you’ve noticed can be helpful. Before filing a complaint, it’s wise to understand why this preferential treatment is happening. Discrimination complaints are shielded from retaliation, unlike complaints about non-discriminatory favoritism, so it’s crucial to discern the motivation behind it.

If you believe that the favoritism is the result of discrimination or retaliation (for complaining of discrimination), complain to Human Resources or your supervisor in writing and inform them that you have witnessed discrimination, harassment, or retaliation. Sometimes, just bringing it to the employer’s attention can solve the problem. Once aware, the manager can work to treat employees more fairly.

Irrespective of whether your situation involves an improper form of preferential treatment, most companies aim to eradicate biased practices in the workplace. Bringing such concerns to the attention of Human Resources or your supervisor can prove advantageous for the overall well-being of the company. If Human Resources and your supervisor are unable to address the improper preferential treatment in the workplace, seeking professional assistance becomes necessary. Whether the circumstances surrounding preferential treatment warrant legal action depends entirely on the reasons behind it. An adept employment lawyer can evaluate whether you have valid claims against your employer and provide guidance on safeguarding your rights.

How to Deal With Effects of Favoritism in the Workplace

The impact of preferential treatment at work can harm your career and hinder your professional growth. Fortunately, there are numerous ways to mitigate its effects, including the following:

  • Determine whether or not you are actually a victim. Workplaces can be cut throat with many people fighting for the same or few promotions. While there are no surefire signs of favoritism, you should make sure that what you are experiencing is not due to other reasons. For example, are you underperforming? Does your boss not think you are capable? There may be justified reasons for these decisions in the eyes of others. 
  • Discuss the issue with your boss. This is not to say that you should accuse your boss directly, but discuss the opportunities that you think you should be receiving. Let your boss know what you think you deserve and why.
  • Work Hard and Show that You are Deserving. Many people who experience favoritism feel like there is nothing they can do. Because of that, they start to give up or become lethargic at work. This only compounds the problem and gives management another reason to not advance your career. 
  • Talk to Human Resources. If your workplace is large enough, it is likely that there is a human resources department available for questions. While you should not accuse others of favoritism without proof, starting a conversation can be helpful.
  • Consider consulting with a lawyer if previous attempts have not resolved the situation where you feel unfairly treated or discriminated against. Although favoritism itself may not always breach the law, extreme instances could. Seeking legal advice can assist in evaluating whether your employer’s actions constitute a legal violation.

Can I Sue my Employer for Unfair Treatment Based on Favoritism?

Each situation is different and in a plain case of favoritism, you generally cannot sue your employer. If the favortism amounts to discrimination, however, this may be illegal. For example, if a manager disfavors employees of a certain racial background, religion, age, or sex, such favortism may amount to illegal discrimination.  If you believe you were treated unfairly at work due to a discriminatory or retaliatory motive, you call Moshes Law for a free consultation. Our attorneys have helped hundreds of clients overcome unfair employment practices, oftentimes without any cost to them. 

FAQ

Is it illegal to show favoritism at work?

Although lots of Americans believe that favoritism is illegal, it is not. Showing favoritism is only illegal if it is based on either discriminatory or retaliatory reasons.

Can you sue for favoritism?

You can only sue your employer if the favoritism is motivated by either a discriminatory animus or a retaliatory animus for complaining of discrimination. However, you can’t sue your employer if the favoritism occurred for any other reason.

What is nepotism and favoritism?

Nepotism in the workplace refers to partiality to, or favoring, family members whereas cronyism refers to partiality to a partner or friend.

How do you deal with favoritism at work?

Take an honest look to figure out whether the favored employee is receiving preferential treatment based on a discriminatory and/or retaliatory reason. If so, complain to your employer that you believe you are the victim of discrimination and/or retaliation, and contact an employment attorney to see if you have a legal case.

Can you sue your employer for creating a hostile work environment?

Yes, you can bring an action against your employer for harassment (hostile work environment) only if you are able to show that the harassment is based on a discriminatory or retaliatory animus.

Is Favoritism A Form Of Discrimination?

Favortism is not always a form of discrimination, but in some situations it can be. For example, if a manager disfavors a certain class of individuals, such as those of a certain religion, race, national origin, sex, or diability, that could be illegal discriminatoin. An employee that was adversely impacted by this type of discrimiation may be able to bring a lawsuit against his or her employer.

When Can Employees Complain About Favoritism?

Employees can always complain to their supervisors about favoritism. The problem, however, is that favoritism is extremely hard to prove and not technically illegal. This means that employees in small companies may have a harder time getting their employers to make changes or may fear retaliation for speaking out.

Seek Legal Advice if you Are Facing Corporate Favoritism

If you feel you’re facing preferential treatment at work and it’s impacting your progress, you might have specific rights according to the law or other regulations. Even though favoritism within a company isn’t necessarily unlawful, it frequently goes against corporate guidelines, particularly in larger companies. A workplace that avoids showing favoritism tends to benefit both the company and its employees.

moshes law

If favoritism is taking place in your employment, contact an attorney at the Moshes Law Firm today. Our attorneys will discuss your situation through a free consultation, at no cost to you. We can help you evaluate your options for seeking a fair and just workplace.

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.

Related posts

suing for emotional distress
Can I Sue my Employer for Stress and Anxiety?
Toxic workplaces
Working in a Toxic Workplace? What Do You Do?
New York Hostile Work Environment
New York Hostile Work Environment
hostile work environment definition
Hostile Work Environment Examples

    Free Case Evaluation





    As Seen On

    Logo Avvo
    Logo Nolo
    Logo Law360
    Logo Super Lawyers
    Logo Realtor.com
    Logo BLF
    Logo Business
    Logo 1010 Wins
    Logo New York Post