What can I do about favoritism in the workplace?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can I do about favoritism in the workplace?

I’ve noticed a lot of favoritism in the workplace. Currently there is a co-worker who likes whom like to cause drama at work to get her way. She has reported me to my employer for harassing her when I advised her not to yell or talk to me with a certain tone when I’m just trying to help her cover tables. Now I can’t work certain shifts if she’s working. This has been going on since I started working almost 6 months ago. At that time I was told of the opportunity to be shift leader. Then because of her complaints it ever happened. Now she is dating 1 of our sushi chefs. I was told when I was hired that this was not allowed in the workplace, yet they flaunt it and get special privileges. What do I do? Isn’t this discrimination? I’ve given my complaints but present manager is leaving and I don’t see the new manager making changes since he is someone from our restaraunt.

Asked on February 26, 2016 under Employment Labor Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The fact is that not all employees need be treated the same or even fairly. Workplace discrimination only has to do when employees of a "protected class" are treated unfavorably. So if an employee is receiving less favorable treatement due to their race, religion, nationality, age (over 40), gender or disability (and in some states sexual orientation), then that would be illegal. However there is no evidence that is what is happening to you here. Also, if such favoratism violated the terms of an employment contract or union agreement, that would be illegal. Absent the above, an employer in an "at will" work arrangment can set the terms and conditons of employment much as it sees fit. For their part, an employee can either complain and risk termination, put up with the situation and keep working for the employer or quit.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption