Racial & Ethnic Discrimination Lawyers in Los Angeles

Understanding Preferential Treatment and Favoritism

Preferential treatment and favoritism exist when a manager or supervisor clearly demonstrates a preferential treatment or additional positive rewards to one person over others that do not relate to their performance. 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. However, if the preferential treatment rises to another level due to the fact that the manager or supervisor fails to promote or reward someone based on their age, ethnicity or gender, their favoritism may be illegal. As you can imagine, making the distinction or designation when this occurs can prove legally challenging and complex.

When Preferential Treatment Is Illegal

Essentially, 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. 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.

Building a Discrimination Case Against an Employer

In order to build a strong case of discrimination against your employer for illegal discrimination, you must provide evidence that suggests that the discrimination was much more than simple preferential treatment or favoritism. As a result, you may need to have concrete examples of when another person received bonuses, additional compensation, access to trainings, or other benefits not afforded to you. At the end of the day, a supervisor, manager, and employer has to make decisions that will benefit some employees and not others. Not all employees can receive promotions and bonuses. Therefore, some employees will receive preferential treatment and others will not. Whether or not this is an illegal action rests on whether or not the decision to promote or provide additional compensation to another employee is based upon race, sex, gender, age or the presence of a disability. Consider the following as you attempt to build a discrimination case based on employment discrimination:

• Do you notice that the management or supervisors have a tendency to overlook or pass over people of a certain gender, sex, race or age when making decisions regarding bonuses or promotions?
• Do those persons that were passed over for promotions or employment opportunities have a better job performance record?
• Does management have any history of sexual misconduct or discrimination in the workplace related to sexual harassment?
• Does the employer have any judgments already against them for either illegal discrimination or sexual harassment?
• Have you noticed that other employees also experience illegal discrimination or sexual harassment in the workplace?
• Have you failed to receive any bonuses or promotions following a reporting of illegal activity or a whistleblower claim?

Essentially, to prove a strong employment discrimination case based on illegal activity, it must rise to a much higher level than simple favoritism or preferential treatment.