Can You Sue Your Employer for Favoritism?

Unfair treatment in the workplace can certainly be frustrating. In some cases, it also violates labor laws. If you find that your treatment drastically differs from your colleagues’, you might be wondering, “Can I sue my employer for favoritism?” The answer depends on a few key factors. 

Find out what rights you hold as an employee and when your employer’s actions violate labor laws. For more insights about employment law, reach out to the legal professionals at D.Law. 

How an Employment Discrimination Lawyer in California Addresses Favoritism Claims

Under state and federal laws, protections exist for employees across various industries. Favoritism within the workplace may directly violate these laws, depending on the circumstances. That’s why it’s important to consult an employment discrimination lawyer in California for guidance. 

Attorneys understand the rights that workers have under statutes like Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act. A professional can review any claims of unfair treatment and determine whether an employer’s actions are unlawful. If they are, an employment lawyer could file a lawsuit on their client’s behalf in pursuit of justice. 

Taking legal action may not always be an option. However, speaking with an attorney could provide clarity and peace of mind. 

When Is Workplace Favoritism a Form of Employment Discrimination?

Can I sue my employer for favoritism in California? It depends on whether their actions violate a clear labor law. 

Suppose your boss and coworker both root for the same sports team, while you root for a rival. Your boss may joke about how they prefer your colleague based on this information and perhaps even favor them when it comes to assigning tasks. You can’t take legal action against them, citing this type of superficial favoritism. 

However, it’s possible for employers to either favor or disfavor employees based on a protected characteristic, such as:

• Gender 
• Age
• Race or ethnicity
• National origin
• Religion
• Sexual orientation
• Disability

Perhaps you’re one of many people of color working in your office, and you find that your white colleagues are consistently chosen for promotions or receive praise, even if their performance doesn’t warrant it. This could be a case of racial and origin-based discrimination, which is illegal. 

Other Instances of Illegal Favoritism

Illegal workplace favoritism may not be rooted just in discrimination. An employer’s favoring (or disfavoring) of employees could be directly tied to harassment or retaliation. So, when can you sue your employer for favoritism?

Imagine a male supervisor repeatedly makes sexually explicit comments or gestures to his female employees. The behavior could be pervasive enough to create a hostile work environment, but one colleague decides not to do or say anything about it. It’s possible for the boss to favor the one obliging female worker over the others, who frequently tell him not to harass them. 

What if an employee serves as a whistleblower about illegal conduct happening within the workplace? After reporting the incident, the worker experiences unfair treatment, such as exclusion, demotion, or even termination. This perceived favoritism may be a form of employer retaliation. 

Why Evidence Matters

If you ask an attorney, “Can I sue my employer for favoritism?” they may tell you that it’s possible under the right circumstances. When unfair treatment violates labor laws, you’ll need sufficient evidence to back up your claim. That’s why legal professionals recommend that workers document all relevant information. 

Gather enough documentation to demonstrate the full scope of potential discrimination or harassment, rather than one isolated incident. Evidence in these cases may include:

• Email or text exchanges among colleagues
• Written details about each instance of unfair treatment, including the date, time, and comments made
• Names of witnesses in each incident
• Employee performance reviews

Suppose a female candidate is passed over for a promotion by a male coworker with less experience. She also learns that her boss excludes her from email messages that her male coworkers receive. Before she can explore filing a discrimination lawsuit, she should gather evidence like the emails, statements from coworkers, and recent performance reviews highlighting her capabilities. 

What You Can Do To Address Favoritism in the Workplace

Having your employer play favorites can be very upsetting, especially if you regularly receive unfair treatment at work. Some of the first questions that come to mind may be “Can I sue my employer for favoritism?” and “How can I make my employer treat me fairly?”

You have a few options available. A good starting point is to bring up your concerns with a supervisor or human resources professional. Reporting the issue internally may help nip it in the bud. 

Assuming that the favoritism violates labor laws, you could file a complaint with a governing body. Reporting your unlawful treatment to the Equal Employment Opportunity Commission or the California Civil Rights Department may launch an investigation into your claims. These agencies may also offer mediation in an attempt to resolve the issue. 

Your final option is to sue your employer for your unfair treatment. Bear in mind that you’ll need to receive a Right-to-Sue letter from either the federal or state agency addressing your complaint. Once you receive this notice, you’ll have a limited timeframe to file a lawsuit. 

Whether you decide to start with an internal conversation or jump right to filing a complaint, consulting an employment attorney may be beneficial. They could review your evidence and advocate for you throughout the process. 

Explore Your Options With D.Law’s Experienced Employment Attorneys

Can I sue my employer for favoritism? What is intersectional discrimination? Will I be able to pursue compensation for unfair treatment in the workplace?

Reach out to D.Law for answers to these questions and more. Our employment lawyers have represented over 150,000 California workers facing issues like discrimination, wrongful termination, and retaliation in the workplace. With 17 locations and over 40 lawyers on staff, we’re the firm that California locals turn to for guidance on employment laws. 

Connect with us online or call (818) 275-5799 to request a free case evaluation.