D.Law: California’s Trusted Employment Discrimination Lawyers

Can someone sue their employer for favoritism? Taking legal action isn’t always an option, though it is possible in certain circumstances. D.Law’s employment attorneys handle different types of disability discrimination cases, as well as cases surrounding retaliation, wrongful termination, and harassment in the workplace. 

Workplace favoritism may be in violation of employment laws, or it could just be an unfortunate situation that doesn’t warrant legal action. What options do California workers have when they experience unequal treatment at work? Employment discrimination lawyers in California share their insights. 

Understanding Employee Rights in California and Beyond

State and federal labor laws exist to protect employees from unfair treatment. In California, the Fair Employment and Housing Act outlines anti-discrimination laws for employers with at least five employees. Employers cannot discriminate against current or prospective employees based on a protected characteristic, such as their race or gender. 

On a federal level, legislation like Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act describes various protections for employees. Federal laws state that employers cannot discriminate against workers based on the following protected classes:

• Race

• National origin

• Gender identity

• Sexual orientation

• Age (for workers over 40)

• Disability

• Religion

In addition to anti-discrimination laws, employees have the right to report an employer’s unlawful activity. It’s illegal for employers to retaliate against the worker in response. Workers should be aware of their rights if they experience unfair treatment in the workplace. 

When Is Workplace Favoritism Illegal?

Can someone sue their employer for favoritism? The answer depends. Legal professionals need to determine whether an employer is in violation of any labor laws. 

Check out some instances in which favoring or disfavoring employees is unlawful. Workers in these situations should consult the team at D.Law for further evaluation. 

Discrimination Against a Protected Class

Favoritism may stem from superficial reasons that don’t warrant a lawsuit. For example, a boss and employee who take the same public transportation route to work each day may become closer over their commute. Even if the boss favors that employee for some assignments, affected colleagues may not be able to cite discrimination. 

The situation is different if an office has an equal number of male and female employees, but only the male workers receive promotions or pay raises, regardless of their merits. This may be considered unlawful discrimination on the basis of gender. 

Retaliation by an Employer

Can someone sue their employer for favoritism even if the mistreatment isn’t rooted in discrimination? Retaliation by employers is unlawful and could potentially include disfavoring certain employees. 

Imagine someone reports illegal activity happening in the workplace. Anti-retaliation laws protect whistleblowers, so they may be able to file a lawsuit if the employer responds with unfair treatment, such as:

• Demoting the worker

• Excluding them from workplace activities or decisions

• Making an unfair reassignment

• Terminating their employment

Disfavoring an employee in such a way could give them grounds to sue, citing unlawful retaliation. 

Workplace Harassment

Severe, pervasive harassment may create a hostile work environment for employees. If the behavior continues, it could lead to perceived favoritism in the workplace. 

For example, say a male manager frequently makes sexually explicit comments to the female employees who report to him. If one employee tells him to stop, but others don’t address his behavior, the manager could start to treat each one differently. He could show signs of favoritism toward the employees who put up with the behavior. 

Mistreated Employees Have Options for Addressing Workplace Favoritism

Workers who experience unfair treatment can take action in a few different ways. They may start by having a conversation with the person showing signs of favoritism, such as their supervisor. Employees could also bring up their concerns to a human resources professional. 

Internal reporting may not suffice, especially if the favoritism goes against anti-discrimination or retaliation laws. The next step to consider is filing a complaint with the California Civil Rights Department. Officials could launch an investigation into the employer’s actions and potentially offer mediation to try to resolve the issue. 

Some employees want to seek compensation for their employer’s clear labor law violations. If they receive a Right-to-Sue letter from the agency addressing their complaint, filing a lawsuit is possible. 

How To Prove Unlawful Treatment From an Employer

Employees affected by unfair treatment in the workplace may be able to sue their employer for violating labor laws. However, they will need evidence supporting their claim. In employment discrimination lawsuits and similar cases, plaintiffs may collect the following pieces of evidence:

• Documented details about their mistreatment

• Text or email communications highlighting mistreatment

• Names of colleagues or clients who witness such incidents

Even employee performance reviews could support a discrimination claim. For instance, suppose a female employee does not receive a pay raise, but her male colleagues do. If the employer cites poor performance as their reason, the female worker could use past positive performance reviews to refute that claim. 

Contact the California Employment Attorneys at D.Law for More Information

Not only can someone sue their employer for favoritism if it violates labor laws, but they may also pursue financial compensation for their mistreatment. D.Law has over a dozen locations across California and has served thousands of workers. A diligent team of 42 attorneys and over 100 support staff comprises the firm. 

D.Law proudly advocates for mistreated employees and helps protect their rights. For more information about employment law or favoritism in the workplace, contact D.Law at (818) 275-5799. 

Contact Information:

Davtyan Law Firm, Inc.

250 N Madison Ave, Pasadena, CA 91101, United States
Pasadena, CA 91101
United States

Emil Davtyan
(818) 875-2008
https://d.law/