Boss’ girlfriend gets extra perks and pay: Is that legal?
Favoritism is rampant in the business world. But is it legal in your workplace?
Favoritism is definitely troublesome, because it can lower morale and lead workers to sue your company if they assume the favoritism is really a form of discrimination.
That’s the scenario that got played out at Cache Valley Electric Company, an electrical contractor, and a court had to tackle the question of whether or not favoritism is indeed legal.
Favored v. frustrated employee
Kenyon Clark, a Cache project manager, felt like his supervisor, Myron Perschon, favored women in the office over men.
Why?
Because Perschon gave special treatment to one female worker in particular, Melissa Silver, whom Clark believed was romantically involved with Perschon.
Clake made several assertions, including
- Silver was paid more
- The best work assignments were given to Silver, and
- Perschon performed most of Silver’s job duties.
Cache tried to remedy the situation by investigating the complaint. But Perschon and Silver both denied being anything more than co-workers. However, when the favoritism continued, Clark began insisting that Perschon be demoted or fired.
But instead, it was Clark who was eventually terminated … for his constant complaints about Perschon and Silver’s relationship.
Clark then sued the company for gender discrimination. He claimed Cache allowed Perschon to favor women in the office over men. He also sued for retaliation for terminating him because of his complaints about the favoritism.
But the court sided with the company.
It noted that Clarke’s argument didn’t include evidence that women other than Silver had ever been given special treatment. As a result, it ruled that the favoritism Perschon showed Silver was based on whatever special relationship they shared, and not because he favored one gender over another.
And although it might be inappropriate, the court specified favoritism of a love interest, friend or family member is not discrimination, unless widespread and based on a quality such as gender, race, etc.
The same standard applied to Clark’s retaliation charge. Since his complaints were based on the relationship and not gender bias, they were not protected under federal law either.
Staying ahead of favoritism
Even though this lawsuit ended favorably for Cache, the company could still be open to legal risks because of the favoritism between Perschon and Silver. Particularly, if the relationship goes sour.
This case serves as a good reminder that it’s wise to prevent favoritism in the first place.
One way to do that is to create a policy requiring workers to disclose inner-office romantic relationships. That way the company can make arraignments so that managers aren’t overseeing their love interests.
Cite: Clarke v. Cache Valley Electric Company
