I ran across this interesting post in the Workplace Prof Blog on sexual favoritism.   It reminded me that the  EEOC treats sexual favoritism as a subset of sexual harassment.  According to the EEOC, sexual favoritism can constitute a Title VII violation, but only if it is “widespread.”  The EEOC Policy Guidance on Employer Liability under Title VII for Sexual Favoritism, issued in 1990, provides:

“If favoritism based upon the granting of sexual favors is widespread in a workplace, both male and female colleagues who do not welcome this conduct can establish a hostile work environment in violation of Title VII regardless of whether any objectionable conduct is directed at them and regardless of whether those who were granted favorable treatment willingly bestowed the sexual favors. In these circumstances, a message is implicitly conveyed that the managers view women as ’sexual playthings,’ thereby creating an atmosphere that is demeaning to women. Both men and women who find this offensive can establish a violation if the conduct is ’sufficiently severe or pervasive to alter the conditions of [their] employment and create an abusive working environment.’” 

The blog post goes on to consider why the granting of favors must be widespread.

Another potential claim against David Letterman?

David Letterman, EEOC, sexual favoritism