Work and Employment

The Definitive Guide to Favoritism at Work

In this comprehensive guide, we'll dive into favoritism at work — common signs of favoritism in the workplace, how it’s different from discrimination in the workplace, and most importantly, what you can do about it.

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By:

Chelsea Spinos

Chelsea Spinos is a contributing writer for Manifest Law. She covers all topics related to U.S. immigration and employment law matters and is passionate about access to justice.

Reviewer:

Timothy Lenahan, Esq.

9 min read • Aug 1, 2024

Key takeaways

Favoritism at work occurs when certain employees receive special treatment based on personal biases rather than job performance or qualifications.

While favoritism at work itself isn't illegal, it can cross into illegal territory if it's based on protected characteristics such as age, gender, race, or disability.

Common signs of workplace favoritism include unequal recognition, unfair promotions, preferential treatment in assignments, inconsistent policy enforcement, and exclusive social interactions with management.

To deal with favoritism at work, employees should document incidents, build strong relationships across the organization, consider talking to their manager or HR, and focus on their own performance and professional growth.

If you're experiencing favoritism at work that may be crossing into discriminatory practices, contact an employment lawyer from Manifest Law. We'll review your case, advocate for your rights, and handle all communications with your employer.

Have you ever felt like you're stuck on the sidelines while your coworker gets all the praise and the high-profile projects - despite not necessarily being the top performer? You're not alone.

Favoritism at work is a common issue that can leave hardworking employees feeling frustrated, undervalued, and questioning their future at the company.

Whether you're wondering if that nagging feeling of unfairness is justified or you're looking for concrete steps to address favoritism in your workplace, we've got you covered.

What is favoritism at work?

Favoritism at work is when certain employees receive special treatment based on personal biases rather than their job performance or qualifications. This can look like better job assignments, promotions, raises, or professional development opportunities being given to a select few.

These favored individuals might be those who share personal relationships, backgrounds, or interests with decision-makers within the organization, or those who benefit from a manager’s unconscious biases.Favoritism at work can create a toxic environment that negatively affects everyone’s morale and productivity.

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Signs of favoritism at work

Favoritism at work can be frustrating and demoralizing, especially when it feels like certain colleagues are receiving special treatment. Recognizing the signs of favoritism in the workplace can help you understand if this issue is affecting your organization.

Here are some common indicators that favoritism at work might be happening:

Unequal Recognition

Some employees receive more praise and recognition than others, regardless of their actual contributions or performance.

Unfair Promotions

Promotions are given to a select few without a transparent process or consideration of other qualified candidates.

Preferential Treatment

Favored employees get better assignments, resources, or opportunities for professional development.

Inconsistent Workload Distribution

Certain employees consistently receive easier or more desirable tasks, while others are given more challenging or less favorable assignments.

Access to Information

Some employees have access to critical information or decision-making processes that others are excluded from.

Social Interactions

Managers or leaders socialize more frequently with a particular group of employees, both during and outside of work hours.

Bias in Feedback

Performance reviews and feedback are consistently more positive for favored employees, even when their performance is comparable to or worse than others.

Salary and Bonuses

There are disparities in salary increases and bonuses that don’t reflect actual performance or contributions.

Exclusion from Projects

Some employees are repeatedly left out of important projects or meetings, limiting their opportunities for growth and visibility.

Unfair Disciplinary Actions

Favored employees receive more lenient disciplinary actions or are overlooked for their mistakes compared to others.

If you notice any of these signs of favoritism in the workplace, it might be worth discussing your concerns with someone within the HR department, or an employment lawyer who can handle all communication with your employer.

Is favoritism in the workplace illegal?

Favoritism at work, where some employees receive special treatment based on personal biases rather than their performance, isn't illegal by itself.

While this kind of behavior is unfair and can hurt team morale, it doesn't break any specific laws unless it crosses into discriminatory practices.

However, if favoritism is based on protected characteristics like race, gender, age, or disability, it can be illegal.

For example, if a manager consistently gives high-profile projects only to younger employees and overlooks qualified older employees, this could be considered age discrimination, which is against the law under regulations like the Age Discrimination in Employment Act (ADEA) or Title VII of the Civil Rights Act. Similarly, if favoritism is shown based on race or gender, it could violate laws designed to prevent discrimination.

While favoritism itself isn’t illegal, it can lead to legal problems if it overlaps with discriminatory practices.

If you’re facing favoritism that might be crossing into discrimination, our team at Manifest Law is here to help. Book a free consultation to share your experience, evaluate the strength of your case, and receive expert guidance on your next steps.

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Is it discrimination or favoritism at work?

Understanding whether a scenario at work constitutes discrimination or favoritism can be complex.

Discrimination in the workplace occurs when employees are treated unfairly based on characteristics like race, gender, age, religion, disability, national origin, or sexual orientation.

This is illegal under laws like Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). For example, if a qualified woman is passed over for a promotion in favor of a less qualified man because of her gender, that's workplace discrimination.

Favoritism at work happens when certain employees receive preferential treatment based on personal relationships or likability, rather than merit.

Unlike discrimination, favoritism is not illegal unless it involves protected characteristics. For instance, a manager giving the best projects to their friends, regardless of others’ qualifications, is favoritism. While favoritism isn’t against the law, it can still create a toxic work environment, decrease morale, and increase turnover rates, undermining trust in management and creating a sense of unfairness among employees.

Scenario

A manager promotes a younger employee over an older, equally qualified candidate solely because of age. The manager comments that the older employee is "too old to keep up with new trends," despite their proven track record.

A supervisor assigns a high-profile project to a team member they personally like more, regardless of others’ qualifications.

Female employees receive lower bonuses than their male counterparts despite similar performance levels.

An employee who regularly brings the manager coffee and shares personal interests with them consistently receives the best shifts and assignments, while other employees with similar or better performance metrics are given less desirable tasks.

Type of treatment

Discrimination in the workplace

Favoritism at work

Discrimination in the workplace

Favoritism at work

Explanation

This is considered discrimination in the workplace because the decision is based on age, a protected characteristic under the ADEA.

Age Discrimination in Employment Act (ADEA) prohibits discrimination against individuals 40 and older based on age.

This is favoritism, which is not illegal unless it’s based on a protected characteristic.

This is discrimination in the workplace and is illegal because it discriminates based on gender, violating the Equal Pay Act.

Equal Pay Act of 1963 requires that men and women be given equal pay for equal work.

This is favoritism, which, while not illegal, can lead to dissatisfaction and resentment among other employees and negatively affect team dynamics.

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Examples of favoritism in the workplace

Favoritism in the workplace can manifest in various ways, often creating an unfair and demoralizing environment for employees. Here are some common examples:

Biased Promotion Practices

When less qualified employees are promoted over more deserving candidates due to personal relationships with decision-makers.

Example: A manager’s friend might be promoted to a leadership role despite lacking the necessary skills or experience.

Uneven Workload Distribution

Favored employees may receive lighter workloads or more desirable assignments.

Example: A supervisor might consistently assign the most challenging clients to their preferred team member, leaving others to handle difficult or mundane tasks.

Unfair Resources Given

Certain employees may receive better equipment, larger budgets, or more support staff based on favoritism rather than need or merit.

Example: A manager approves a new laptop for their favorite employee while denying similar requests from others.

Inconsistent Enforcement of Company Policies

When company policies are applied inconsistently, with some employees facing strict enforcement while others receive leniency.

Example: A favored employee is allowed to work from home without question, while others are required to be in office.

Exclusive Social Interactions

If managers regularly socialize with or invite only certain employees to informal gatherings or after-work events, it can be a sign of favoritism at work. This behavior can lead to the formation of "inner circles" that exclude others from important conversations and networking opportunities.

Example: Only a certain group of employees get invited to an event outside of work, while other employees are uninvited.

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Disproportionate Recognition

When praise and rewards are consistently given to the same individuals, regardless of actual performance.

Example: A manager might always highlight the contributions of their preferred employee during team meetings, overlooking the achievements of others.

Unfair Performance Evaluations

Biased managers might provide overly positive reviews to favored employees while being overly critical of others, regardless of actual performance metrics.

Example: An employee receives high feedback from their boss and gets promoted, despite subpar performance compared to other employees at the organization.

Preferential Treatment in Meetings

Managers that consistently side with their preferred employees without objectively considering all perspectives can be a form of favoritism at work:

Example: A manager allows the preferred employee to share their ideas during a meeting, and discredits or disagrees with any others who present contrasting views or ideas.

Unequal Access to Information

Favored employees might receive important updates or insider information before others, giving them an unfair advantage in decision-making or career advancement opportunities.

Example: A project manager frequently shares confidential client feedback with their preferred team members before others, giving those favored employees a head start on improving their client presentations while leaving others at a disadvantage.

Biased Project Assignments

High-profile or career-advancing projects may be repeatedly assigned to the same individuals, limiting growth opportunities for others.

Example: A supervisor always assigns major client presentations and important cross-departmental projects to a handful of favored employees, despite other team members having the skills and experience to handle these responsibilities

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How to deal with favoritism at work

Favoritism in the workplace can be frustrating and demoralizing. If you've noticed unfair treatment or preferential behavior towards certain colleagues, know that you're not alone!

While favoritism at work isn’t considered illegal (unless it involves protected characteristics, like race, age, or gender), there are positive steps you can take to address the situation and improve your work environment.

Document Your Experience

First, it's important to document instances of favoritism at work you observe. Keep a record of specific events, including dates and details. This information can be valuable if you decide to discuss the issue with HR or management later.

Build Strong Work Relationships

Next, try to build strong relationships across your team and department. Networking isn't just for job hunting – it can help you gain allies and supporters in your current role. Attend company events, join work groups, and make an effort to collaborate with a variety of colleagues. This can help counteract the effects of favoritism at work by expanding your own circle of influence.

Talk to Your Manager

If the favoritism at work is affecting you directly, consider having a calm, professional conversation with your manager. Frame the discussion around your performance and growth opportunities rather than accusing anyone of unfair treatment. For example, you might ask about how you can take on more challenging projects or what skills you need to develop for advancement.

Speak With HR

In cases where favoritism at work is severe or widespread, it may be best to speak with someone from the HR department. Be prepared with specific examples of favoritism at work that you may be experiencing.

Dealing with favoritism at work isn't easy, but by taking proactive steps, you can advocate for yourself and contribute to a fairer work environment for everyone.

Stay focused on your goals, build strong relationships, and don't be afraid to speak up professionally when necessary. With persistence and the right approach, you can navigate this challenge and continue to thrive in your career.

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How to complain about favoritism at work

If you've noticed persistent favoritism in the workplace that's affecting your work life, you may be considering making a formal complaint. While this can be a challenging step to take, addressing the issue properly can lead to positive changes in your workplace.

Here's some guidance on how to complain about favoritism at work:

Document the favoritism at work: Before making a formal complaint, gather concrete examples of favoritism in the workplace. Keep a detailed record of incidents, including dates, times, and specific actions. Focus on observable facts rather than feelings or assumptions.
Review company policies: Familiarize yourself with your organization's policies on favoritism, discrimination, and complaint procedures.
Consider informal resolution: If appropriate, try addressing the issue directly with the person showing favoritism. They may not be aware of how their actions are perceived. Approach the conversation professionally and focus on the impact of their behavior rather than making accusations.
Prepare your complaint: Organize your thoughts and evidence. Write a clear, concise summary of the favoritism at work you've observed, how it affects you and your colleagues, and the impact on the work environment.
Talk to the right person: Start by speaking with your immediate supervisor, unless they are the source of the favoritism. If so, or if you're uncomfortable approaching them, go to HR or the next level of management.
Be professional: When presenting your complaint, remain calm and objective. Stick to the facts and avoid emotional language or personal attacks.
Propose solutions: If possible, suggest constructive ways to address the issue, such as clearer guidelines for assignments or promotions, or team-building activities to foster better relationships.
Follow up: After making your complaint, follow up periodically on the status of any investigation or action.
Protect yourself: Be aware of laws protecting whistleblowers and employees who file complaints in good faith. If you experience retaliation, document it and get in touch with an employment attorney who can help protect your rights. You can learn more about retaliation in our comprehensive guide here.
Consider external options: If internal channels don't address the issue satisfactorily, you might consider consulting with an employment lawyer or filing a complaint with an external agency like the Equal Employment Opportunity Commission (EEOC).

Remember: Complaining about favoritism at work can be delicate and potentially risky. Approach the situation thoughtfully and professionally, always focusing on creating a fair and productive work environment for everyone.

How Manifest Law can help

While favoritism itself may not be illegal, it can sometimes lead to discrimination or a hostile work environment. This is where Manifest Law can help. Our experienced employment attorneys can review your case, check if favoritism crosses into illegal discrimination based on age, gender, race, or disability, and advise you on your options.

If we find that legal action is needed, we’ll support you through the process—whether it’s filing a formal complaint, negotiating with your employer, or representing you in court.

Book a free consultation with Manifest Law today.

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In this blog article:

What is favoritism at work?

Signs of favoritism at work

Is favoritism in the workplace illegal?

Is it discrimination or favoritism at work?

Examples of favoritism in the workplace

How to deal with favoritism at work

How to complain about favoritism at work

How Manifest Law can help

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