Illegal favoritism

You come to work early. You work late. Your clients love you. So why does that knucklehead next to you, who sleeps at his desk all day, always get the good shifts or receive the raises or promotions? Why does your boss prefer him over you? It’s unfair! It’s unjust!

Nepotism is when your boss grants favors or jobs in the workplace to friends and relatives, without regard to merit. Newly hired family members or friends can be roadblocks to your advancement.

You don’t deserve to be treated unfairly. No one should face the injustice of dealing with a dead end job because the boss only cares about advancing his girlfriend’s career. But is it illegal?

What rights do you have in the workplace?

Nepotism is not illegal as a general rule. You boss is allowed to favor his brother over you even though it is wildly unfair. But, you still have rights! The consequences of nepotism might constitute illegal employment discrimination.

  You don’t want to make waves. You don’t want to be fired. And yet you can’t stand what’s happening.  

For example, it might be race or gender discrimination if your boss hires relatives of a particular race or gender to the exclusion of others who are not of that race of gender. Likewise, if your boss wrongfully terminates you solely to create job opportunities for relatives who share her religious beliefs, then your boss might have illegally fired you based on religious discrimination.

You have a right to a workplace free of discrimination and harassment. Call us. We can help!

Can your boss promote a “special friend” over you?

Even when you’re not the object of someone’s sexual attention, you can suffer from sexual harassment. What if your boss promotes someone with whom he is in a relationship? Or what if your boss has “the hots” for a guy and she bends the rules for him? Is that illegal? Yes!

  Sex and sexual attraction shouldn’t be a factor in an employer’s decisions.  

It’s unfair for someone to receive advantages because of sex, just like it’s unfair for you to not receive benefits for not having sex with someone. Sex and sexual attraction shouldn’t be a factor in an employer’s decisions.

Even if you don't know for certain whether a sexual relationship is occurring between your boss and a coworker, please contact us if you have reason to believe that you're the victim of illegal favoritism.

Are you scared to speak up? Do you think it will make things worse?

We understand how scary it is to face your boss. You don’t want to make waves. You don’t want to be fired. And yet you can’t stand what’s happening. It’s our job -- and our privilege -- to help you navigate this situation. We are there beside you, every step of the way. We’ll help you to take back your rights.

Is your boss bullying you because you reported discrimination or harassment?

Perhaps you already suspect that you are being unfairly treated because you won’t go along with being treated unfairly in the workplace. Maybe you told your boss or someone else that you believe your employer is treating you wrongfully. You were very courageous to speak up! You have the right to feel safe and to have job security even after complaining.

  What if your boss promotes someone with whom he is in a relationship? Or what if your boss has “the hots” for a guy and she bends the rules for him?  

Retaliation based upon your complaints of discrimination or harassment is illegal. Your boss may say that you weren’t being discriminated against because of anything illegal. But even if your employer can prove that, it’s never fair to discriminate against you because you spoke up. If you feel you’ve been retaliated against because of your complaints, let us help you.

How can you prove your boss discriminated against you?

In the California Supreme Court Case of Miller v. Department of Corrections, the Court ruled that in order to prove that your boss favored your co-worker for engaging in sexual acts with him or her, you must prove that widespread sexual favoritism was severe or pervasive enough to create a hostile work environment.

To prove your case, you only need the judge or jury to believe that the acts occurred and that you didn’t consent to them. If you have witnesses and documents, of course it’s much easier to prove your case. However, if you don’t have these things, don’t feel discouraged. We have handled many cases where someone has been discriminated against, but no one was around to see it and it wasn’t in writing. In fact, it’s pretty common for bad bosses to wait until a time when you’re alone before they harass you.

If you’ve been discriminated against, that’s wrong. You deserve to be treated with respect.

We can help you fight for justice.

When your employer discriminates against you in the workplace, you can feel hopeless. Employers should not get away with it! By standing up for your rights, you are standing up for yourself. You are also standing up for everyone who has ever suffered the injustice of discrimination and harassment.

Please make an appointment for a free consultation in our Newport Beach office. You can contact us by email or phone. We want to help.