Employees often expect that hard work and consistent efforts will give them fair opportunities. However, favoritism at work can lead to frustration when certain employees are given better promotions, flexibility, or recognition while others are overlooked. In some companies, managers will try to justify the treatment through rotating responsibilities or performance-based explanations.
In others, favoritism may come across in a more subtle pattern that involves personal relationships or other means that leave employees wondering whether workplace decisions are truly fair. Although favoritism on its own is not always illegal, there are situations where it can lead to legal consequences under California and federal law. This can happen when unequal treatment is associated with workplace decisions involving protected characteristics.
Understanding the difference between unfair workplace behavior and unlawful conduct can help employees decipher whether favoritism may be affecting their rights, workplace opportunities, or long-term career progress.
What Does Workplace Favoritism Usually Look Like?
Favoritism at work can appear in various forms. This usually happens when managers, supervisors, or company leaders give one employee (or more) advantages over other employees without there being a clear reason for doing so. Some specific examples include the following:
- Better schedules
- Remote flexibility
- Plum assignments
- More recognition
- Stronger performance reviews
- Faster paths toward promotions
- Career development opportunities
- Opportunity to work on a new project
Employees may start to notice workers getting special treatment because of personal relationships, friendships, or connections with senior executives. Such behavior can contribute to an uneven playing field. Those who experience such treatment, specifically talented employees who work alongside the favored worker, will no longer believe advancement is based on merit or technical qualification.
Can a Boss Legally Favor Certain Employees?
A boss generally can favor certain employees in some cases. They may lean more towards prioritizing those who demonstrate strong work performance and leadership potential. For instance, assigning high-profile tasks, offering praise, or giving more opportunities to a worker who has extensive experience or specialized qualifications is not deemed automatically unlawful. Likewise, a manager may gravitate toward employees they are able to communicate with more effectively.
When Does Favoritism at Work Become Illegal?
Not all favoritism is illegal. But, issues can arise when preferential treatment is connected to discrimination, harassment, or retaliation, all of which are prohibited under state and federal laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA).
While some favoritism may reflect poor management or personal bias, employers risk liability when opportunities, discipline, or advancement decisions are influenced by protected characteristics or personal relationships that affect fairness and equal treatment.
Favoritism Connected to Protected Characteristics
Favoritism may become unlawful when workplace advantages are connected to protected characteristics, like race, gender, religion, disability, age, or other traits that are covered under the Fair Employment and Housing Act (FEHA) (Gov. Code § 12940(a)). Favoritism can also become risky if it affects workplace rights, leads to harassment concerns, or results in retaliation after protected activity. Even if the conduct appears subtle, ongoing unequal treatment can still carry serious legal consequences when discrimination is involved.
For instance, age discrimination may appear if a supervisor keeps giving better schedules or leadership roles to employees who are within a certain age group (those 40 and older) while overlooking other qualified workers. Similar problems can develop when employees of a particular race, gender, or religion repeatedly get favorable treatment that affects advancement opportunities or overall workplace conditions.
Favoritism Involving Romantic Relationships or Close Personal Connections
Employers can face legal concerns when workplace favoritism is connected to romantic connections or other close personal relationships. While this is not automatically illegal, issues may arise when a manager is often giving preferential treatment to a romantic partner or close friend over other qualified workers.
As time progresses, this type of behavior can create tension among coworkers and lead employees to believe decisions are not being made fairly. Additionally, should it create a hostile work environment, tensions can rise exponentially as workplace romances tend to lead to emotional situations.
Can Workplace Favoritism Create a Hostile Work Environment?
While occasional favoritism can sometimes come from human nature or even unconscious bias, repeated patterns of playing favorites can progressively damage workplace morale and employee trust. Workers who feel overlooked for opportunities, recognition, or support may start to develop frustration, exclusion, or resentment toward management or coworkers.
As time progresses, such treatment can negatively affect an employee’s well-being and contribute to a toxic work environment, especially when favoritism becomes widespread or starts affecting promotions, discipline, or workplace communication. Even if the conduct does not seem to be openly discriminatory in the beginning, ongoing favoritism can create a hostile work environment in some cases, specifically when the conduct is motivated by discrimination or harassment, which may create grounds for a claim under Gov. Code § 12940(j).
According to a 2025 report shared by Forbes, about 72% of employees reported losing trust in leadership after witnessing favoritism whereas 68% said it harmed team morale. Another 60% said that their job satisfaction decreased because of unequal treatment, and almost half believed that their career opportunities or advancements took a downturn.
Can Workplace Favoritism Lead to High Turnover?
Workplace favoritism can damage morale, employee trust, and long-term retention when workers start to believe that opportunities are based mostly on personal relationships rather than merit or performance. Employees who feel overlooked on a continuous basis for promotions or recognition may eventually disassociate from their work or start to look for better opportunities elsewhere.
The same Forbes report found that 9 in 10 employees have witnessed favoritism at work, while 1 in 4 workers said it happens on a consistent basis. They also found that 2 in 5 employees have considered leaving their jobs because of this issue, with 1 in 10 actively planning to quit within the year.
Can Favoritism Become Retaliation After Reporting Misconduct?
Favoritism can sometimes turn into unlawful retaliation when it happens after an employee reports wage violations, harassment, discrimination, or other protected concerns. California law shields workers who report unlawful activity or are involved in workplace investigations (Gov. Code § 12940(h) and California Labor Code § 1102.5).
For example, an employee files a complaint with the HR department and then suddenly experiences a loss of opportunities, receives unfair performance reviews, or is excluded from meetings while a favored employee is given more support. This pattern may suggest retaliatory conduct. An employee may also be met with retaliation if a manager removes critical responsibilities or blocks advancement opportunities after complaints are shared.
Retaliation may not seem so obvious at first. Sometimes the conduct may come across as smaller actions that collectively affect an employee’s standing within the company. When workers start to notice an abrupt shift in treatment after voicing their concerns, documenting those interactions will be critical when it comes to gathering evidence.
What Is the Difference Between Unfair Treatment and Illegal Conduct?
Not all unfair workplace conduct goes against the law. California employers can make decisions employees disagree with even if what was decided seems frustrating or poorly managed. A boss could have just preferred certain work styles or communication habits without going against employment laws.
The primary issue is whether such behavior is motivated by illegal discrimination, retaliation, harassment, or another unlawful motive. For example, it may seem unfair if a manager is giving more attention or recognition to certain employees. But if decisions are unrelated to protected characteristics, courts are more likely to view the issue as poor management rather than illegal conduct.
Nonetheless, employees should not ignore ongoing favoritism that appears to be connected to race, age, disability, gender, or retaliation. What may initially look like office politics can reveal discriminatory patterns once employees begin to compare the way they are being treated among coworkers.
What Should You Do If You Experience Unfair Treatment at Work?
If your employer consistently practices favoritism, you should try to gather records that show how job opportunities and treatment differed over time. Below are some pieces of evidence that can help support your claim of unfair treatment at work:
- Emails
- Written communication
- Assignment records
- Disciplinary write-ups
- Performance evaluations
- Documentation on promotions, bonuses, or high-profile tasks awarded to others
Workers may also benefit from tracking incidents where similarly qualified employees were treated differently even though they had nearly the same performance or technical qualification levels. Notes demonstrating repeated patterns of playing favorites or unequal access to opportunities should also be documented.
Witness statements from coworkers may also help establish favoritism. Under some circumstances, employees may identify repeated conduct involving family members, close friends, or romantic partners that are given advantages unavailable to the rest of the workforce. Employees should also document complaints that were made to supervisors or the HR department and the responses received afterward.
What Should You Do if Favoritism Is Impacting Your Career or Workplace Rights?
If favoritism starts to affect your opportunities, compensation, or work environment, it is important to address the issue early. Employees should take note of each incident, maintain communications, and compare treatment patterns involving similarly positioned workers.
You can also reach out to your manager or the HR department to have your concerns resolved, especially if the favoritism seems to be unintentional or connected to unconscious bias. Requesting clear expectations, transparent evaluation standards, or constructive feedback can also help employees understand why certain workplace decisions are made.
However, if favoritism crosses over to illegal discrimination, retaliation, or harassment, you may need to take further action. You should avoid ignoring patterns that keep affecting your career development, emotional well-being, or workplace standing.
Concerned About Favoritism at Work? West Coast Employment Lawyers Can Help
Favoritism in the workplace can make employees feel overlooked and uncertain about their future with the company. While some situations may involve poor management, others may point straight to discrimination, retaliation, or unlawful conduct under California law. When unequal treatment starts to impact your opportunities, work environment, or pay, knowing your legal rights becomes important.
At West Coast Employment Lawyers, our team can help employees evaluate whether workplace favoritism may have crossed the line. We can take a look at the factors surrounding your treatment, identify any potential violations, and explain what legal options may be available.
To book a FREE consultation, you can reach out to us by calling (213) 927-3700 or filling out our quick online contact form.
