Sexual favoritism in California workplaces can create a toxic environment where important matters like promotions or raises are influenced by personal relationships or physical attraction rather than merit. Understanding how sexual favoritism affects workplace dynamics and what protections California law provides can help employees recognize when they have grounds for a complaint or legal claim.
Common Examples of Sexual Favoritism
Sexual favoritism most commonly appears in the form of promotions, pay raises, or preferred assignments. These are usually given to employees who are in consensual relationships with supervisors. Common examples could include:
- Offering promotions or raises to an employee who is dating or involved with a supervisor
- Assigning the most desirable shifts, projects, or clients to a favored individual
- Allowing certain employees to violate company policies without consequences
- Excluding other qualified employees from opportunities based on favoritism
- Providing personal or professional perks unrelated to job performance
These types of relationships and preferences can happen in industries in Silicon Valley, entertainment businesses in Los Angeles, and elsewhere. These situations are often detrimental to company morale. Preferential treatment of employees based on personal relationships sends the message that the company values personal relationships over merit.
Understanding the Impact of Sexual Favoritism
Sexual favoritism in the workplace can create a toxic and discriminatory environment. In Miller v. Department of Corrections (2002), the California Supreme Court held that widespread sexual favoritism may violate the Fair Employment and Housing Act (FEHA), particularly when it undermines workplace morale or advancement opportunities.
Favoritism involving supervisors and select employees can foster resentment, exclusion, and legal liability, especially when promotions or benefits appear tied to sexual relationships. In 2023, the California Civil Rights Department received 1,351 complaints related to sex and gender discrimination, a reminder of the persistent problem of inequality in employment practices.
At the federal level, the EEOC secured nearly $700 million for more than 21,000 victims of employment discrimination in FY 2024, reflecting a surge in enforcement activity amid high demand for remedies. Together, these figures show that sexual favoritism is more than inappropriate. It can be legally actionable and financially costly.
How Sexual Favoritism Harms the Workplace
Sexual favoritism can severely impact workplace morale, especially when it is clear to coworkers that advancement is tied to personal relationships rather than performance. In competitive fields across California, such as finance in San Francisco or entertainment in Burbank, even the perception of favoritism can divide teams and lower productivity.
Sexual favoritism leaves employees feeling overlooked and undervalued. Over time, this behavior by supervisors or business owners can lead to high employee turnover and reduced collaboration among workers. Workers may turn to internal complaints or administrative actions with state agencies to remedy the problem. Favoritism may escalate into legal claims under the Fair Employment and Housing Act due to violations of California Code, GOV 12940.
Is Sexual Favoritism a Form of Sexual Harassment?
Sexual favoritism can lead to unlawful situations, especially if it results in sex-based discrimination or a hostile work environment. For companies with multiple employees, sexual favoritism can cause professional setbacks. The agency that typically handles complaints of sexual favoritism is the California Civil Rights Department due to its authority to enforce California’s Fair Employment and Housing Act.
Employees who file an administrative complaint with the help of an attorney may be eligible for remedies such as back pay, reinstatement, front pay, emotional distress damages, and attorney’s fees. Legal representation can ensure that an employee who suffered setbacks due to sexual favoritism receives the relief that they are entitled to under the law.
FAQs
Q: Is Favoritism in the Workplace Illegal in California?
A: Favoritism in the workplace is not automatically illegal in California. However, if the favoritism is based on sexual conduct or results in unfair treatment of others, it may violate anti-discrimination laws. Favoritism tied to romantic relationships can lead to claims if it negatively affects coworkers’ job opportunities, pay, or morale. The context of the case and its impact on workers often determines whether the favoritism is unlawful.
Q: Is Sexual Favoritism a Type of Harassment in California Workplaces?
A: Sexual favoritism is a type of harassment in California when it creates a hostile or unfair environment. If a supervisor gives promotions, raises, or desirable assignments to employees based on sexual relationships, other workers may experience discrimination. California courts have ruled that widespread sexual favoritism can violate the Fair Employment and Housing Act. It becomes unlawful when it affects workplace access or advancement.
Q: How Do You Prove Sexual Favoritism at Work in California?
A: To prove sexual favoritism at work in California, you can start by collecting evidence that shows certain employees received benefits due to sexual involvement with a supervisor. Look for patterns in promotions, scheduling, pay raises, or assignments. Statements, emails, or consistent favoritism toward one individual may support your case. The favoritism must impact others negatively for it to be considered a form of workplace discrimination or harassment.
Q: How Is Sexual Favoritism Different from Sexual Harassment?
A: Sexual favoritism is different from direct sexual harassment but may still violate California law. Harassment usually involves unwelcome conduct like advances or comments. Favoritism, on the other hand, rewards sexual relationships and harms others by denying equal opportunity. When favoritism becomes widespread or affects working conditions, it may legally qualify as harassment under California’s Fair Employment and Housing Act protections.
Contact Diefer Law Group, P.C., Today for the Legal Support You Deserve
Sexual favoritism can create a hostile or unfair workplace, especially when promotions or job opportunities are tied to personal relationships. When this behavior affects others and creates unequal treatment, it may rise to the level of unlawful sexual harassment under California law. Understanding your rights is the first step toward taking action.
At Diefer Law Group, P.C., we represent employees who have been harmed by workplace misconduct, including sexual favoritism that leads to discrimination. Our attorneys will assess your case and guide you through every legal option available. Contact our office today to schedule your consultation and protect your rights at work.
