Is it legal for an employer to give an employee a promotion cuz of favoritism?

Question

So the big mouth at work mentioned that the promotion we both applied for, before we applied for it, our boss was going to give it to him regardless of who applied. Before it even was available. He's like the teachers pet. It's more of a let down since others including myself have been there longer n others r more qualified but idk. We will find out this week. I am worried that when we find out and if he says that it's true I'm gonna say something along the lines of we all saw this coming n I'm gonna get in trouble for calling it out. I did make a point of when he told all of us, the employee bragging he was gonna get it, that I went to our boss and asked if theres a point in applying cuz word is u promised the job already to someone else before the job even was available and he didn't deny anything so long story short , too late I know, is there anything illegal or should be Brought to our hr?

Bradley Mancuso · Answer

When looking at adverse employment actions, like being passed over for a promotion, just remember, it is illegal for employers to make employment decisions based on "race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status." If an employer chooses not to promote an employee because of one of these characteristics, that employee would have a legal claim against the employer.  
 
Also remember this, if an employee believes one of these characteristics motivated the employer’s decision, it is illegal for an employer to retaliate against an employee who complains or opposes that illegal employment decision.  Meaning, if an employee makes such a complaint to the employer, and the employer takes an adverse employment action (i.e. termination) against that employee, that employee would have a legal claim against the employer.  
 
Complaints by employees should be in writing so that such evidence can be used in a lawsuit against an employer for retaliation.

James L. Arrasmith · Answer

Favoritism alone isn't typically illegal, but if the promotion decision is based on discriminatory reasons such as race, gender, age, or other protected characteristics, it could violate California employment laws. It's important to assess whether any protected factors are influencing the favoritism you're observing. 
 
You did the right thing by approaching your boss about the promotion. Keeping records of these conversations and any related communications can be helpful. If you believe the favoritism is unfair and affects your career growth, bringing it up with Human Resources is a valid step. HR is there to address such concerns and ensure fair practices within the company. 
 
Be mindful of how you express your concerns to avoid potential backlash. Focus on the fairness and transparency of the promotion process rather than personal grievances. If you experience any retaliation after raising your concerns, you may have legal protections available. Consulting with an employment attorney can provide you with personalized advice based on your situation.

Q: Is it legal for an employer to give an employee a promotion cuz of favoritism?