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Old 01-01-2014, 08:09 AM
 
2 posts, read 6,367 times
Reputation: 11

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I just filed an EEOC complaint that I feel will likely be resolved in my favor. I am not asking for money. I am only asking for the removal of negative language from my only ever poor performance review during my 15 years with the agency. This negative language was included in my review after the union had asked, two months earlier, to have me removed from her team.

I know management was very worried I would file because my supervisor made a blatantly discriminatory comment in front of me, her boss, and a union rep. This complaint will expose an ugly side to our office that is otherwise viewed very highly by the national management.

I think I can prevail on this complaint and get it resolved, but I am already feeling the backlash and I know my new supervisor is very tight with my old supervisor. I would like advice from those of you who have gone through this.

Will I ever be able to normalize my relationship with management? I sense they feel betrayed because I filed this because they did change my manager and we have all known each other for more than 15 years. I feel like my supervisor's boss thought he was making both of us happy by changing me to a new supervisor, but letting the negative language remain so my supervisor could feel justified in her discriminatory treatment. I wish this hadn't happened and I feel that my relationship with them will be changed forever. Am I right?
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Old 01-01-2014, 08:15 AM
 
Location: NJ
17,579 posts, read 38,295,421 times
Reputation: 16098
So what will you actually gain by having the negative language removed? No one can possibly answer your question, but my guess is that your relationship is probably damaged for the long term.
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Old 01-01-2014, 08:34 AM
 
9,345 posts, read 15,786,024 times
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It is possible for a supervisor to make inappropriate comments AND for a negative review to be accurate--they are not mutually exclusive. Normalization will occur much quicker if your coworkers feel both the comments and review were inappropriate. If they think you are a drama queen, expect minimal contact and conversation.
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Old 01-01-2014, 09:09 AM
 
3,935 posts, read 3,846,520 times
Reputation: 2193
EEOC is for very serious violations. If it is a unionized environment what does the union steward have to say? I would check your collective bargaining agreement because that should really be the first thing to examine. If you went above the union I don't know how the EEOC would look at that.
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Old 01-01-2014, 11:07 AM
 
Location: Las Vegas, NV
548 posts, read 1,002,010 times
Reputation: 774
Alleging discrimination is always an offensive act to the person who is alleged to have discriminated against you. If that person is prejudiced and was discriminating against you, the person has been caught and is typically offended because they have been caught. If that person is not prejudiced and was not discriminating against you, the person has been wrongly accused and is typically offended because they have been falsely or mistakenly reported as having a very ugly trait. So what is the chance that there will be backlash after you have made such an allegation?

That depends on how likely those offended by your accusation are to follow the law. The law prohibits anyone from retaliating against an individual who files a charge with the EEOC. Of course, the law also prohibits murder, but that does not stop everyone from shooting people dead. People break the law. You want people who don't know you or the others in your workplace to tell you how likely those other people are to break the law. An accurate response is really not possible without knowing a lot more (and more than you should be revealing on a public forum like this).

So now that you have filed your charge (which was the right thing to do if you believe you were discriminated against and unable to get satisfactory resolution about your concern by addressing it directly with your employer), all you can really do is be on the lookout for any form of retaliation and report it when it happens. Many times, a charge of discrimination is mistaken or otherwise unfounded, but the complainant then suffers very real and illegal retaliation as a result of having filed the charge.

If the EEOC finds probable cause that you were discriminated against or you think you are being retaliated against, you should probably get an experienced employment lawyer in your state to help you.
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Old 01-01-2014, 11:31 AM
 
9,268 posts, read 7,289,484 times
Reputation: 22751
I can't comment on the validity of your complaint. Just know that your work life will never be the same again. They can't blatantly retaliate. However, what they can do is nitpick everything you do. Come in 5 mins. late? Get written up. Come back from lunch late? Leave 2 mins early? Did you deviate from procedures, etc.

You can probably forget about getting promoted or any considerable raises.
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Old 01-01-2014, 12:15 PM
 
Location: Buckeye, AZ
25,405 posts, read 14,492,810 times
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The issue isn't how "warranted" but that there is a supposed racial or sexual slur in the complaint. Saying that porch monkey was late vs. worker A is late is a big difference.
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Old 01-01-2014, 12:51 PM
 
Location: Old Bellevue, WA
18,794 posts, read 13,579,606 times
Reputation: 7921
Quote:
Originally Posted by mdovell View Post
EEOC is for very serious violations. If it is a unionized environment what does the union steward have to say? I would check your collective bargaining agreement because that should really be the first thing to examine. If you went above the union I don't know how the EEOC would look at that.
Agreed. The union should be able to resolve it without having to go to the EEOC. The contract doubtless has a provision prohibiting discrimination on the basis of race, gender, etc. The union could threaten a grievance w/ removal of the language (in the employee evaluation) as remedy.
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Old 01-01-2014, 02:07 PM
 
Location: East of Seattle since 1992, originally from SF Bay Area
28,389 posts, read 50,582,032 times
Reputation: 28621
I can't imagine that the negative remark on your review would be removed due to a discriminatory comment, the two events do not seem to be at all related according to your story. The EEOC would be the appropriate place to complain about discrimination but normally only after you have reported it to your manager, HR, and/or the union without satisfactory resolution. If you went to them first, you will be seen even by your peers as not following protocol and you will have to watch your back. I would expect those unhappy with your actions to be less helpful, and more critical of your work, and to try and avoid you when possible.
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Old 01-01-2014, 02:56 PM
 
2,429 posts, read 3,053,819 times
Reputation: 3328
Yes, your relationship with management is changed forever. AND, any future managers or employers could also be wary of you. When you file an EEOC complaint, surely you know that's not going to endear to ANY manager, and you'll be on SOMEone's $hitlist SOMEwhere in the organization. That's why you don't do it unless you're ready for deal with whatever consequences start coming your way.

Whether the complaint is valid or not -- your relationship with management is damaged now. However might you please clarify some points of order about the complaint?

WHY EXACTLY -- did you file the EEOC complaint? Because of the "blatantly discriminatory comment" you say was made? Or because you wanted negative comments removed from a review, and that didn't happen?

- Did you feel discriminated against before or after your evaluation?
- Do you feel the the 'negative comments' in the review ARE BECAUSE OF and DIRECTLY RELATED TO -- a supervisor's discrimination against you.
- OR could it be YOU are the one linking the two -- that they really have nothing to do with each other and are two completely different issues. A supervisor MAY be a bigot, that doesn't mean that's the reason for less than glowing comments in your review.

- Which came first the alleged "discriminatory comment" or the negative comments in the review?

AND, was the overall review negative in terms of rating your performance -- or were there just SOME "negative things" pointed out in the review, but the OVERALL review was positive. A couple of negative things pointed out for improvement -- does NOT make it necessarily make for a "poor performance review."
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