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.

Preferential treatment programs