Showing favoritism to paramour isn't unlawful sex bias under Title VII

Although supervisory favoritism toward a paramour may be unfair and ill-advised, it isn't illegal sex discrimination under Title VII of the Civil Rights Act of 1964, according to the U.S. 9th Circuit Court of Appeals (whose rulings apply to all California employers).

Facts

William Maner worked in a medical research laboratory operated by Dignity Health and run by Robert Garfield. At the time in question, the lab workers were Dignity employees.

Maner had at least one male and one female coworker. The woman was in a long-term romantic relationship with Garfield, and they lived together. They occasionally displayed affection for each other at workplace events, and Garfield showed favoritism toward her in several ways, including:

• Taking her to research conferences to which male coworkers weren't invited; and
• Giving her a greater number of workplace opportunities related to publications and intellectual property than he provided to her coworkers.

After a number of years, the lab experienced a decline in the grant moneys used to fund employee salaries and research projects. As a result, Maner's male coworker's position was eliminated. Maner complained to Dignity about the ongoing romantic relationship between Garfield and the female coworker. The employer conducted an investigation and interviewed Maner, but he raised no concerns about the affair or its impact on the workforce.