If an employee engages in sexual harassment, or racial harassment or some other illegal behavior in the workplace, and the employer lets it go without taking action because the harasser is family, the employer’s tolerance of that harassment is illegal. Just because an employer is used to putting up with a relative’s bad behavior does not mean the relative’s coworkers should be subjected to illegal harassment too. If you are experiencing the negative effects of preferential treatment in your California employment, you should take action right away. The favored persons may receive benefits beyond what would be expected for their length of employment (tenure), experience, or work performance. Employers need to promote a positive workplace that is based on unbiased actions. If the business owner only hires people from the same church or religion, or gives employees from the same church or religion preferential treatment over other employees, this goes beyond just hiring a family member- this is religious discrimination, because employees are being treated worse based on their religion.Īnother example of “nepotism” crossing the line into illegal employment practices that we see frequently is letting family get away with illegal behavior. Preferential treatment can lead to a hostile work environment and less productivity. For example, say a small business owner belongs to a certain church. However, what some people may consider “nepotism” becomes illegal when it is actually determined to be illegal discrimination. In fact, hiring and promoting family is an extremely common employment practice dating back to the beginning of employment. A company owner is allowed to hire a daughter, son, sibling, friend, or any other person they like, even if that person is not the most qualified for the job. Nepotism in and of itself is not illegal.

“Nepotism” is the practice of giving jobs or favorable treatment to friends and family members. That they are mutually exclusive concepts. It is very common to hire family members or friends of owners, supervisors, or other employees, and it is legal to hire those friends and family members over other applicants and to treat them better as employees- most of the time. Some people argue that minorities need preferential treatment because in a society with different social groups you can either have equal treatment or equal chances, not both (which is why things like student and hiring quotas are necessary). It is not illegal to have favorite employees or to treat all employees the same. It is illegal to discriminate against employees on the basis of race, color, religion, national origin, and sex, among other things. Does an employer have to treat all employees “fairly,” and when is unfair treatment illegal? We get calls every day where employees feel that they are being treated unfairly because they are not family or friends with a supervisor or owner of the company. Lots of employers play favorites amongst their employees.

Preferential treatment at workplace