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Question

My performance evaluation became public knowledge to many others in the company because my managers were consulting in an open forum. Many individuals overheard the conversation and reported it to me, and I reported it to HR. Around the same time, this new senior manager later lowered my PA score that will result in financial loss and lack of promotional ability. My original manager rated me much higher but her rating was overturned by the senior manager which felt like I was being discriminated. Since reporting the violation of company policy on HR privacy, I am being singled out and retaliated against by this Senior manager. Disciplinary action was also taken against me while others do not receive any disciplinary action for similar issues. I am also on work-comp for an injury. Should I file an EEOC complaint now, or after I am terminated?

Submitted: 282 days and 4 hours ago.
Category: Employment Law
Value: $15
Status: CLOSED
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Optional Information

Denver, Colorado

Already Tried:
More info: In Dec-08, they gave me my PA in advance because my manager was going to resign and they wanted me to believe that it was in "good faith". After the PA, HR announced that I would then report directly to this new senior manager and no longer report to my original manager (who only read the PA that this senior manager wrote - which again is not a fair way of evaluating my performance for 08). As of today, I am the only one of 25,000 employees who has received their PA. At the same time, I was given a development plan with a vague project to complete. I received the requirements to produce the item and I produced it to exactly what was requested. However, the Senior Mgr felt it was not good enough for her so she and HR provided a written warning. I met with HR and told them I felt I was being singled out and retaliated against for reporting the defamation and release of my PA/HR files. I mentioned I would seek legal counsel and she asked me if we could talk with the VP as a last chance to fix the issue. In the meeting, the VP told me she could have fired me then, but she decided to keep me. She also said that my written consultation could have been ground to terminate employment but again, she decided not to. In the same write up for not meeting the vague terms of the product, it was also noted that I violated a company policy by having customer files on my computer. I also brought this up to management two times in 2008 (once to this senior manager to provide resolution). I can tell you for sure, every person’s computer throughout the enterprise would also have these files. I am literally being singled out. I also explained that this senior manager makes humiliating comments to the rest of the group that offends and segregates me because of a workers comp injury –so in a way I am disabled but function at 100%. She makes sarcastic comments to other employees such as "We don't want you to hurt your back now do we?" or "We don't need you to hurt you back ei

Posted by SavyLawyer 282 days and 3 hours ago.

Answer

If you believe you are being discriminated against for promotions, or that the workplace has become so hostile (because of your gender, race, religion, etc) to you that it is pervasive and effects your ability to perform your job, you do not have to wait to be terminated to file with the EEOC. Federal law prohibits discrimination in all facets of the employment relationship, not just hiring and firing. As such, if you feel you are being discriminated against at work, and it is effecting your advancement possibilities, you have every right to file with the EEOC now, instead of waiting until you get fired.

For detailed instructions on how to file with the EEOC, go to www.eeoc.gov.

I hope this helps. If you have any other questions, please do not hesitate to ask, and thank you for the opportunity to answer your question.

Take care

282 days and 3 hours ago.

Reply

so should I document every conversation with the senior mgr and any proof that I am being singled out? I cannot transfer or be promoted til she rates me as effective. if she overloads me to where I fail projects, should I just resign. would resigning be indicative that the hostile environment affected me negatively? as a person who normally exceeds expectations, being setup for failure is tearing me up emotionly.

Accepted Answer

I apologize for taking so long to respond to your follow up. We have been having internet signal problems here, and I am just now able to respond.

To answer your question, yes, you should document everything that you can, as discrimination can be tough to prove. Any documentary evidence of you being singled out and treated differently than other employees helps your case.

And yes, being "forced" to resign could be used as evidence that the environment was so pervasively discriminatory that you had no choice but to leave.

I hope this helps, and good luck.

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Expert: SavyLawyer
Pos. Feedback: 100.0 %
Accepts: 
Answered: 2/14/2009

Employment Lawyer

Licensed to practice law, I have experience in Employment, Appeals, and Landlord/Tenant Law

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