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  1. #1
    Join Date
    Jul 2005
    Location
    GA
    Posts
    2

    Default Violation of rights: ADA, Age and Gender discrimination?

    In January I accepted a promotion at work where I have a spotless disiplanary record and where the organizaton has chosen to promote me on three occasions.

    Over the first three months I found my supervisor to be curt, rude, incomplete with requests and important information necessary to complete my job. Upon completion of projects he often would inform me that, that some critical piece of data was in his posession and was imperative as to the intelligence of my projects.
    I quickly learned that verbal communications were often confusing, spoken on the fly and often resulted in assignments to read material that was not germane to my job demands. He stood me up for three meetings I requested for training, save one time, they were never honored.

    I had surgery in early May and upon my return, I found him to be more aggressive towards me. After a week of demanding project completion that was nearly impossible without his participation or delegation, I was in a catch on a daily basis. Hence my anxiety escalated and I began to feel lost and, to some extent, treated differently than anyone else on the team. The rest of the team spent days planning and developing strategies for client management, none of which has even been discussed with me.

    After catching this manager in two conspicious lies, I realized that I was not safe in my position. Moreover, his monitoring of audio/web based training was to interfere by voice or stand on next to me to the extent that he rubbed against my body and proceeded to talk to me and flail his arms about. This happened twice, and I reached my end of the rope.

    After a little investigation, I learned that my predessor left the company after 5 years for similar behaviour. What is more, one of my current co-workers, a white male, apparently endured similar behaviour until I arrived. I determined that I need some objective feedback.

    In the absence of an EAP, I approached the HR director, with whom I have enjoyed an above board, friendly relationship with. I informed her of the behaviour listed above and asked her guidance. She suggested I approach his boss, which I summarily declined. She is unreliable and is a reputible retaliator. I enphasized that I believed this manager was inapproprate, belittling and made it virtuously impossible for me to do my job. I expressed my concern that I succeed beyond corporate expectations and up to this point with the company I was suddenly prevented from doing a good job.

    After my talk, I decided to approach this manager privately. I explained that I couldn't find a way to communicate with him that seemed convenient to him and necessary for me to complete my jobs. I asked him to disclose is expectations, which he responded with "we don't have time for personal time, even when I want to." Not entirely sure what that meant. I also informed him that, while I need his supervision regularly, lately I was being me with terse sounding comments and rolling of his eyes. The meeting ended on an upbeat note, and I kept it assertive and more about my issue communicating with him.

    Over time, the situation has escalated. He has become nicer in some regards and more aggressive in others. He and two peer managers, make subtle refernce to me within my ear shot and comment on a prayer I have hidden under my keyboard. The manager recently excluded me from a lunch with two other of my peers. He generally limits his lunch with another female peer which occurs daily.

    My employer is well aware that I have a psychiatric disability as well as a medical disability and yet they do not seem to be monitoring or taking appropriate action given my complaint. More over I have been denied comp time for no cogent reason.

    I am also over 40 as well as disabled and a white male. All of this managers targets, in terms of subordinates, have been white males. The remaining peers are black females.

    While I have educated myself about retaliation laws and so forth, I do work in a right to work state. I have deconmensated in my daily funtion under the day to day anxiety and expectaton that I am being watched more than anyone else around me. I am losing sleep over this.

    While I realize the best solution is to get another job, I also have to consider the absolute necessity for uninterrupted insurance coverage for at least three more months.

    I appreciate your taking the time to read this detailed note and would appreciate any insights concerning interpersonal approaches, litigation, or any means by which I can protect myself.

  2. #2
    Join Date
    Jul 2005
    Location
    GA
    Posts
    2

    Default Post Script

    I failed to mention, his aggressive behaviour has escalated to two occasions where he approached me from behind, kicked my chair enough to jolt me and then he began to slap my computer screen to announce his dissatisfaction with my using a computer application for which I had to use under those circumstances. He did this both times while I was discussing an issue with a client on the telephone.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Problems with Supervisor

    Being a bad boss, or a belligerent jerk, isn't actionable, even if they aren't admirable character traits in a supervisor.

    You have been invited to follow company procedure in relation to your complaints, and have chosen not to do so. Your failure to follow procedure, and to properly document complaints within the company, could impair any cause of action you might have.

    If you do need to be accommodated because of disability, you need to request accommodation. If you have informed your employer of your disability, that's a good first step, but if you have not indicated that you are having difficulty performing your job due to your disability and that you require reasonable accommodation, they won't know that you need that help.

    If you believe you have been denied leave for work-related illness in violation of your state's laws, you should consider consulting with a local workers' compensation lawyer about that problem.

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