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Is Sexual Favoritism Considered Harassment?

         Sexual Harassment

It may not seem like it, but sexual favoritism is a type of sexual harassment. It occurs when employees who are involved in a consensual romantic or sexual relationship with a superior receive preferential treatment in the form of promotions, raises, or other job-related benefits. Although the relationship and the favors granted might be consensual, it can create a hostile work environment for other employees.

For example, consider a business owner who promotes an employee after they enter into a personal relationship. This employee has received an increase in their salary not necessarily based on merit but as a result of accepting sexual advances. This could be classified as sexual harassment through quid pro quo, where job benefits are directly tied to responding to sexual propositions.

Meanwhile, other employees might feel pressured to engage in similar relationships to receive similar benefits. They could also experience discrimination if they are overlooked for promotions because they did not engage in the same way. This is a form of sexual harassment in California as it creates a hostile work environment.

What Is Favoritism/Discrimination in the Workplace?

Under California employment laws, when one employee gains better working conditions or benefits over others due to a personal relationship with someone in a position of power within the company, it can be legally construed as favoritism. This can manifest in a variety of ways:

  • Unjustified promotions
  • Disproportionate opportunities (more training, development opportunities, or challenging projects)
  • Unequal allocation of benefits (better work schedules, office spaces, or job perks like travel opportunities)
  • Selective recognition (regularly rewarding only certain employees for their contributions)
  • Bias in assignments (assigning easier tasks or projects with more visibility to preferred employees)
  • Protection from consequences (shielding favored employees from criticism, feedback, or disciplinary actions)
  • Increased access and attention (giving more one-on-one time, access to information, and direct mentorship)
  • Informal exclusivity (inviting only particular employees to social events, meetings, or decision-making processes)

Legal Elements to Prove Sexual Favoritism-Based Workplace Harassment in California 

To pursue a claim of workplace harassment based on sexual favoritism against your employer, your California sexual harassment lawyer will aim to establish the following legal elements:

  • You were actively employed by the company or were working under a contract when the favoritism occurred.
  • There was clear evidence of workplace favoritism based on a sexual relationship.
  • The favoritism was both widespread throughout the workplace and severe or pervasive enough to alter the conditions of the work environment.
  • A reasonable person in your position would perceive the work environment as hostile or abusive due to this favoritism.
  • You personally felt that the work environment was hostile or abusive as a result of sexual favoritism.
  • The conduct was either directly enacted by a supervisor, or it was well-known (or should have been known) by the employer, supervisors, or other relevant agents of the company who failed to take prompt and appropriate action to correct it.
  • You (or your career) experienced harm due to this environment.

Sexual Favoritism Towards a Paramour at Work

Notably, it is not illegal in California for an executive/owner to show favoritism toward someone they are in a relationship with (a paramour). However, if it has become a common pattern and makes the workplace culture and environment uncomfortable for others, it could be considered sexual harassment. This kind of conduct can make people think that the only way to get ahead is by engaging in romantic or sexual relationships with their bosses.

Simply put, if someone in a position of authority gives special treatment to an employee they are romantically/intimately involved with, and it starts affecting other employees’ job performance, they may have the right to file a legal complaint.

How to Handle Workplace Favoritism in California?

If you find yourself in a situation where you believe the person in charge seems to be favoring your colleague due to their personal relationship, here are some steps you can take to address the issue, preferably with assistance from a dedicated California workplace harassment attorney. 

Review company policies

Check your employer’s handbook or human resources policies regarding workplace relationships and harassment. Most organizations have strict rules about how personal relations in the workplace should be managed.

Document your observations

Keep a record of instances where you believe favoritism is occurring. Note dates, times, the people involved, and how the behavior affects the workplace or your own job performance. This can be useful if you need to make a formal complaint.

Speak to your supervisor or HR

If you feel comfortable, consider discussing your concerns with a supervisor or someone from the human resources department. It is typically best to resolve issues internally.

File a complaint

If taking your problem to your immediate supervisor does not work, or if you believe the favoritism is part of a broader pattern of harassment creating a hostile work environment, consider filing a formal complaint. Your human resources department should have a process for this.

Legal representation

If the situation does not improve, or if you face retaliation for raising your concerns, get legal representation from a California employment lawyer. They can file a complaint with the California Civil Rights Department (formerly known as the Department of Fair Employment and Housing) on your behalf. Your lawyer will pursue your case and follow up with the agency that investigates the matter and ensure you receive full legal remedies.

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Can I Sue My Employer for Favoritism-Based Discrimination in California?

If you prefer not to wait for a formal investigation by the CRD, you have the option to request an immediate “right-to-sue.” This allows you to skip the investigation and directly file a lawsuit against your employer in a California court. To pursue this route, you must file a complaint with CRD within one year after the incident of unfair treatment at your workplace.

Once you request a right-to-sue, CRD will issue a closing letter and the necessary documentation that permits you to initiate a civil lawsuit for any violations under the Fair Employment and Housing Act (FEHA). Keep in mind that obtaining a right-to-sue letter means you give up the possibility of CRD investigating your complaint.

After receiving the letter, you must act quickly to file your lawsuit because of the strict statute of limitations. Since even the smallest error during this process can diminish your chances of receiving compensation, it’s best to work with an employment lawyer. They will clarify how California employment laws relate to your case, help you decide on the most effective legal approach, manage the technical details of your lawsuit, and advocate on your behalf in court.

Our California Sexual Harassment Attorneys Are Determined to Act Against Unfair Favoritism and Protect Your Rights

If you suspect discrimination in the workplace, contact an attorney who understands California employment laws and has a proven record of success. Attorney Steven Rubin at Rubin Law Corporation has nearly four decades of experience in helping clients from all walks of life combat illegal actions at the workplace. 

Whether you choose to have the California Civil Rights Department investigate or decide to take your case to court, we are here to help you achieve the best possible outcome. Get in touch online or call (213) 996-0196 to schedule your free consultation and let us fight for the maximum compensation you deserve.