Pregnancy Discrimination?!?
LindaS
1,510 Posts
I have a situation with a family member and, although I have been in HR for several years, I'm looking for some unbiased advice regarding this situation.
My sister has worked for a national retail chain for 5+ years as a manager. Throughout this time she has consistently received positive performance reviews as well as her quarterly bonuses which are based on performance. Two years ago she had a child and decided to step down from her manager position to take an administrative position which would allow more "set" hours. After about 1 year of this, and at the repeated request of the company, she went back into management. Since that time her department has maintained one of the highest levels in her district for performance, etc..
In September she became pregnant with her second child. At the same time she was switched to third shift (she works when the store is closed) and was made to work 5 12 hour shifts at a time which she has done without complaint. In early December she became ill with an ear infection which was so bad she lost some hearing in her ear. At that time her doctor took her off work for several days due to her illness (she was also on strong painkillers). The first night she was off her store manager called her and requested that she come in despite the doctors instructions. His response to her when she denied his request was that "she could just come in and sit there". This is the FIRST time she has missed work in as long as I can remember. He is repeatedly making comments regarding her performance and saying this such as "I know you are having a difficult pregnancy and maybe this job is too stressful for you", etc..
Last Friday he called her into his office and informed her that he wants her to step down as manager and take an administrative position because her performance numbers are poor. She went and printed these numbers and found that she is one of the highest in the district. She is afraid that if she doesn't step down that she will be terminated. Her stress level is so high that she cannot eat, she sleeps all the time and is constantly crying.
I'm hoping someone can give me some advice on how she should proceed to save her job. She is a great worker and has always had a strond committment to the company.
My sister has worked for a national retail chain for 5+ years as a manager. Throughout this time she has consistently received positive performance reviews as well as her quarterly bonuses which are based on performance. Two years ago she had a child and decided to step down from her manager position to take an administrative position which would allow more "set" hours. After about 1 year of this, and at the repeated request of the company, she went back into management. Since that time her department has maintained one of the highest levels in her district for performance, etc..
In September she became pregnant with her second child. At the same time she was switched to third shift (she works when the store is closed) and was made to work 5 12 hour shifts at a time which she has done without complaint. In early December she became ill with an ear infection which was so bad she lost some hearing in her ear. At that time her doctor took her off work for several days due to her illness (she was also on strong painkillers). The first night she was off her store manager called her and requested that she come in despite the doctors instructions. His response to her when she denied his request was that "she could just come in and sit there". This is the FIRST time she has missed work in as long as I can remember. He is repeatedly making comments regarding her performance and saying this such as "I know you are having a difficult pregnancy and maybe this job is too stressful for you", etc..
Last Friday he called her into his office and informed her that he wants her to step down as manager and take an administrative position because her performance numbers are poor. She went and printed these numbers and found that she is one of the highest in the district. She is afraid that if she doesn't step down that she will be terminated. Her stress level is so high that she cannot eat, she sleeps all the time and is constantly crying.
I'm hoping someone can give me some advice on how she should proceed to save her job. She is a great worker and has always had a strond committment to the company.
Comments
The supervisor appears to be trying to build a case by putting the employee on a less than desirable shift, trying to state that her numbers are down (which she has proven they are not), for being sick (ear infection). He also appears to have a problem with her because of the second pregnancy and doesn't feel she is up to the job. Because her performance has not suffered, this appears to be a personal issue with the supervisor.
If I was the employee, I would lodge a formal complaint with Human Resources or with the CEO if there is no HR Department. I would also mention that the "demotion" and less than desirable shift change appears to be a direct retaliation in response to her second pregnancy and her ear infection which is a covered FMLA incident. I would further interject that there is no basis for "poor performance".
If the management is smart, they will back off; otherwise, I would pursue this matter legally as it appears that this is a "set up".
Good luck.
In my complaint to the CEO I would provide my summation of my medical condition and the effects the idiot supervisor/manager is having on my medical condition, currently.
ADA could also be raising its ugly head as we treat our employees as if they are disabled then they by law are! Bells and chimes of $$$$ comes to these old ears.
Gender discrimination also comes ringing in my ear, I would bet no other male manager gets treated this way!!! Ca' ching$$$.
Our legal buddies are wanting to know, where is this ee and how can I contact her, and am I licensed to practice in your state.
OH, Year 2003, my 63rd year on this earth and 28+ years in HR are going to so much fun! Good luck, keep us posted as to how your sister makes out with the CEO & HR.
This person went to the district manager to discuss the problems armed with documentation proving that her performance numbers are significantly higher than those of seveal MALE managers in her district. None of the male managers, by the way, have had their performance questioned the way she has. The district manager's response was that he felt she should "worry more about herself and not about others".
In addition, last week at the weekly manager's meeting her store manager placed the blame for the store's sales numbers being low directly on her shoulders. Keep in mind that for the past 4 months she has worked WHEN THE STORE HAS BEEN CLOSED so there is no way she can have an impact on these numbers.
The last straw (for me anyway) came yesterday...
On Monday she went back to her "normal" schedule of working during the day and yesterday she was placed on a "30 day performance improvement plan" and told that ANY infraction of ANY policy would result in her termination of employment. An example of this would be if she arrived 5 minutes late to work. Keep in mind that she has NEVER had an attendance problem.
As an HR person as well as a family member I'm very frustrated. She has a a file of information filled with things such as notations of meetings where her supervisor made references (negative) toward her pregnancy, copies of her performance numbers, printouts of emails and other documentation of issues she brought to the attention of the manager in an attempt to improve store performance, etc..
My thought at this point is that she should contact a labor attorney in her area but she is hesitant to do this because she is afraid of what will happen to her at the store. I have tried explaining to her about retaliation but she is still hesitant.
Is there any additional advice I can provide to her?
My $0.02 worth.
DJ The Balloonman
I think your sister has an excellent case to bring against her current employer. But.....its a good thing to remember who her employer is and how deep their pockets are, and how long they could fight this thing.
She should be looking for a new job and I hope she is. Personally I would like to be employed somewhere else prior to bringing this case. It could go on for a long long time. The new kid could well be starting the 5th grade when its settled.....
She has already been discriminated against...........might as well get the ball rolling.
My $0.02 worth.
DJ The Balloonman
DJ