Can you sue for favoritism at work?

Asked by: Edgardo Medhurst  |  Last update: July 1, 2025
Score: 4.2/5 (25 votes)

Favoritism in the workplace might violate the company's policies. If certain benefits are promised in the employee handbook using a predetermined method for when employees will receive raises or promotions, a supervisor who engages in favoritism and violates the policies could lead to a lawsuit against the company.

Is favoritism in a workplace illegal?

Favoritism based on a protected characteristic, such as an employee's race, gender or age, is unlawful. Supervisors should be very transparent about the reasons for their decisions and should document the same. Employees don't have to put forward evidence of discrimination to file a lawsuit.

What to do about unfair treatment at work?

Knowing how to handle unfair treatment starts with identifying discrimination and understanding the right way to begin addressing it. Document every incidence of unfair treatment, including emails, notes of conversations, or descriptions of specific incidents. Then, take your proof to the company HR department.

How do you prove favoritism at work?

The signs of favoritism at work are; unequal treatment, unequal distribution of promotions and assignments, exclusively informing some employees over others, differences in social circles, turning a blind eye to performance issues, publicly praising and recognizing some employees more, excluding others from certain ...

What to do if you feel unfairly treated at work?

It's usually best to raise the problem informally first. You can do this with your manager, HR or someone senior from work. Informal resolution is usually quicker and less stressful for everyone.

Top 5 Reasons To Sue Your Employer

39 related questions found

What is an example of unfair treatment at work?

Examples of unfair labor practices in the workplace include denying benefits or promotions to specific employees, discriminating against older workers, unequal pay, and many others. Discrimination is not only morally wrong; it is also illegal. You do not have to accept unfair labor practices at your job.

How to complain about favoritism at work?

A job discrimination complaint may be filed by mail or in person at the nearest EEOC office. You can find the closest EEOC office by calling the EEOC at 1-800-669-4000, or by going to the EEOC's Field Office List and Jurisdiction Map and selecting the office closest to you.

Should I report favoritism to HR?

Report to HR: If you are uncomfortable speaking to the alleged person directly, you may feel more comfortable giving HR a visit. These are trained business professionals who understand that scenarios like this could arise in the workplace.

What is evidence of favoritism?

Workplace favoritism occurs when leaders show preferential treatment to certain employees based on personal preferences rather than merit or job performance. This can manifest in various forms, such as giving select employees better opportunities, more desirable tasks, or frequent praise and recognition.

Is favoritism a form of harassment?

Favoritism as a form of discrimination or harassment

If a supervisor favors employees who are members of a majority class while singling out members of protected classes for poor treatment, favoritism may be grounds to file a lawsuit.

Can I quit my job for unfair treatment?

To prove that you were constructively discharged you have to show that the conditions or actions of your employer were so bad (e.g., constant sex harassment) that a reasonable person in your position would have resigned.

Can I report my boss for mistreating me?

An employee that has been subject to any type of job discrimination or mistreatment may also file an EEOC complaint. The EEOC, or Equal Employment Opportunity Commission, accepts complaints filed in person or by mail with the nearest office.

Do employers have to treat employees equally?

Employees have a right to: Not be harassed or discriminated against (treated less favorably) because of race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability, age (40 or older) or genetic information (including family medical history).

How do I sue a company for favoritism?

If a person suspects that the favoritism going on in their office is more than just the insensitive whimsy of their boss, contacting the Equal Employment Opportunity Commission to file a complaint of discrimination is necessary in order to file a lawsuit under Title VII.

How do you deal with blatant favoritism at work?

What can we do when we receive preferential treatment?
  1. Talk to your colleagues. Make your other team members aware that you know you are being treated better than they are, and express your discomfort with the situation if necessary. ...
  2. Acknowledge the behavior. ...
  3. Advocate for your colleagues.

Is favouritism a discrimination?

While favouritism can be unfair, it becomes discrimination when it is based on protected characteristics like age, gender, race, or disability under the Equality Act 2010.

Is favoritism illegal at work?

Not always. It depends on why employees are being favored or disfavored. No law prevents companies from having lousy managers or running a workplace like a schoolyard. If favoritism is rooted in discrimination, harassment, or retaliation, however, it crosses the line from poor management to illegal behavior.

What is the sin of favoritism?

“If … you show favoritism, you commit sin” (Jas. 2:9). It is sin because it is contrary to the character and command of God. Because favoritism is sin, there is no place for it in the hearts of God's people, and certainly no place for it in the church.

What is retaliation?

What is retaliation? Retaliation occurs when an employer (through a manager, supervisor, administrator or directly) fires an employee or takes any other type of adverse action against an employee for engaging in protected activity.

What not to say to HR?

What should you not say to HR?
  • The general rule is don't bring your everyday complaints to HR. They're not there to make your job better or easier and they might fire you simply because they don't want to hear it. ...
  • Discrimination. ...
  • Medical needs. ...
  • Pay issues. ...
  • Cooperate with HR if asked, but be smart about it.

What is unfair treatment at work?

making offensive comments or exposing a colleague to offensive material at work; treating one worker or group of workers less well than others in terms of pay, benefits, or privileges; terminating workers based on reasons other than performance or conduct; and. any conduct that makes someone uncomfortable at work.

What scares HR the most?

The 5 Most Common HR Nightmares & How to Avoid Them
  • Discrimination & Harassment Issues. HR's goal is to provide every employee with a safe and healthy work environment. ...
  • Payroll Processing Errors. ...
  • Mismanaging Benefits. ...
  • Worker Misclassification. ...
  • Losing Top Talent.

How to prove you are being treated unfairly at work?

However, certain pieces of evidence can help you build your case, including employee records, witness statements, email notifications, pay stubs, or hiring policies. If you were wrongly treated at work due to protected categories, like age or race, it may be worth it to talk with an employment lawyer.

How serious is an EEOC complaint?

In most cases, changes to procedures and policies are required to appease the charging party. If the case is too serious for mediation or the employer declines mediation, then the EEOC may sue the employer. Employer declined EEOC mediation means the case may proceed to litigation.

What makes a strong retaliation case?

What Makes a Strong Retaliation Case? A strong retaliation case has clear evidence linking an employee's protected action, like reporting harassment, to an adverse reaction from the employer. Demonstrating this connection can lead to a successful retaliation settlement.