WWYD - EEO Action? — The Bump
Parenting after 35

WWYD - EEO Action?

To pre-face, this is lengthy & I?m most likely DD?ing this later. To file an EEO action or not?

 

I was on maternity leave a little over 4 months, Feb 2011 to Jul 2011; I went out earlier than expected due to complications, than LO earlier than expected.  

 

When I got my 2011 review this past January, I rated as fully successful. I was a little surprised/disappointed because the way the narrative read, I was almost certain that I would be rated exceeds expectations; for the 2010 rating year, I rated exceeds expectations.

 

My supervisor asked me if I had a chance to read my review; I told him I did. He asked what I thought; at first I said it was ok, then I said I was actually disappointed and told him why (that I read the narrative first & it seemed to indicated an ?exceeds expectations? rating, was surprised to see it was ?fully successful?). Honestly, I kind of felt like I was the student quibbling over an A vs an A+. Anyway ? he said it wasn?t anything that I didn?t do, I just did everything I was SUPPOSED to do, and nothing more. Then he said ?I know I shouldn?t say this, but it?s almost like if you had been here more, you would?ve been afforded the opportunity to do more.? Um, what? I was on maternity leave, not vacation, buddy.

 

I was talking to a colleague in another agency & told her about the exchange; she was livid. I was more annoyed with my supervisor for saying so stupid; my colleague was upset because she felt that it was discriminatory & EEO action-worthy. She said I should think about filing an action against him or if I choose not to, I should at the very least tell him that what he said was in fact wrong & to let him know that I could?ve filed an action against him but didn?t.

 

I went back to him a few weeks ago to discuss my review, to find out what happened between 2010 & 2011; I pointed out that I rated exceeds expectation for 2010 & the narrative for 2011 just didn?t seem to match the actual rating. He said he doesn?t look at the previous years? reviews to see what he needs to do to keep someone at their previous rating. He said it wasn?t anything I didn?t do, I just did exactly what I was supposed to do. I told him that I remembered he said that I wasn?t afforded the opportunity to do more since I wasn?t here all that much, and he came back with that he rated me on what I did while I was here.

 

WWYD? I kind of feel like he said what he did (basically not being here to do more) because his people skills aren?t the best. He said he knows he shouldn?t have said it. He kind of avoided that when I brought it up again & he said he rated me on what I did while I was here, I don?t know if any action would hold water. As for not filing an action but letting him know that I could have but chose not to, I guess I don?t see the point. Again, he knows he shouldn?t have said it.

 

All in all, it?s a good review. It?s not like he rated me as ?failed expectations?. I don't know if I should just let it go or get it on record in case it happens again whenever I have the next kid.

 

Thanks!

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Re: WWYD - EEO Action?

  • I would let it go.  A lot of people see maternity leave as some extravagent luxury.  We know that's not true.  I actually had a co-worker (not a supervisor) make a comment about my leave that if he owned the business, he wouldn't hire ANY women so that he didnt' have to deal with maternity leave.  (guess what pal, there's PAternity leave too...BOOYAH!).  Anyway, you're going to come up against people (not just men) with the opinion so I would learn to let it slide off of you. Hard as that may be.
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  • Will this review affect any raises or bonuses?  Also, do you qualify for FMLA?  If so - they can't use your leave "against" you, as he seems to be doing.

    if you are protected and if this review could affect raise or even promotion, then I might consider pursuing it.

    Otherwise, I wouldn't.  But I might (if FMLA applies) at least let him know that it is actually illegal to use your leave against youl.

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  • Sorry but you have no case to take action.  You were rated on the work you did plan and simple.  If you try to take this anywhere, they will talk to your boss and then it becomes a huge he said she said and honestly, from what you said, you have no leg to stand on.  You had a great review but from what I read, you didn't go above and beyond  - you simple did your job and did a great job but nothing more.  The guy may have put his foot in his mouth and said something he shouldn't have but that is not a reason to any legal action and it would not go anywhere.
    Jenni Mom to DD#1 - 6-16-06 DD#2 - 3-13-08 
  • I probably wouldn't take it any further.  If you were rated badly or even fired, then absolutely.  Or, if you were denied a promotion because you are a mother - yes.  But because you were rated not as highly as you felt you deserved - but still rated good - I think it would create more stress/issues than it would resolve.  
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  • imageEastCoastBride:

    Will this review affect any raises or bonuses?  Also, do you qualify for FMLA?  If so - they can't use your leave "against" you, as he seems to be doing.

    if you are protected and if this review could affect raise or even promotion, then I might consider pursuing it.

    Otherwise, I wouldn't.  But I might (if FMLA applies) at least let him know that it is actually illegal to use your leave against youl.

    Hey ECB - the review won?t affect any potential raises (not sure about the bonus), so I guess that?s why I kind of lean towards not pursuing it. I am FMLA-protected, which makes me question not pursuing it.

     

    This isn?t the first time my pregnancy was referenced. I developed GIH during my 32nd week of pregnancy and my ob put me on bed rest, which put me out of work nearly a month & a half earlier than I had planned. When my supervisor & I went into his superior?s office to tell him I was going out early & so we could start the paperwork, his superior said ?hey, what do I have to do to go home & do nothing?? Now that guy ? he makes Michael Scott from The Office look smooth & not at all crazy.

     

    Thanks ladies!

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  • Hey, more responses came in while I worked on that last one.

     

    When my supervisor & I first discussed my review, I really didn?t take what he said to be an EEO-issue. I thought it was dumb, but didn?t think it was an actual issue. In talking with the colleague, she?s the one who pointed out it was an issue and it made me think.

     

    I did acknowledge in my original post that it wasn?t a negative review & when I told him how I felt I did feel kind of like that student that argues she should have an A+ & not just an A.  

     

    Thanks everyone!

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  • imageSugarChick10:

    Hey, more responses came in while I worked on that last one.

     

    When my supervisor & I first discussed my review, I really didn?t take what he said to be an EEO-issue. I thought it was dumb, but didn?t think it was an actual issue. In talking with the colleague, she?s the one who pointed out it was an issue and it made me think.

     

    I did acknowledge in my original post that it wasn?t a negative review & when I told him how I felt I did feel kind of like that student that argues she should have an A+ & not just an A.  

     

    Thanks everyone!

    I think that sums it up perfectly. And, IMO, an A is awesome and it's an entirely reasonable position to say your leave sort of made you ineligible for an A+. It's not even remotely a negative reflection on the work you DID do, just that your leave kept you from doing the extra credit that would have given you an A+. 
  • I would think the ramifications of filing an EEO complaint would be WAY worse to your career than a slight downgrading of your rating.  

    You said it yourself.. you're quibbling over an A vs. an A+.    I'd let it go.  In the long run, is it worth the hassle and potential damage?  Probably not.

     

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  • imageBrideBuddies:

    I would think the ramifications of filing an EEO complaint would be WAY worse to your career than a slight downgrading of your rating.  

    You said it yourself.. you're quibbling over an A vs. an A+.    I'd let it go.  In the long run, is it worth the hassle and potential damage?  Probably not.

    I agree with this.  It sounds like your pride is hurt more than anything else.  FWIW, I had a friend get stellar reviews before her maternity leave and then get a poor review upon her return.  She did contact an attorney, but in the end, it was not worth it to pursue further.  She was transferring to a different department and boss #1 wanted to distribute the bonus pot amongst employees who were staying with him.  He couldn't justify giving her a crappy bonus unless he backed it up with a crappy review.  My friend was upset because she didn't want a crappy review on her record, following her to the new department.  Point being, her situation was definitely more blatant, and still not worth it to pursue legal action...especially since she was staying with the company.

     
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  • Thanks again for your responses, everyone. Thanks for reading through that novel & for talking me down.
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  • imageBrideBuddies:

    I would think the ramifications of filing an EEO complaint would be WAY worse to your career than a slight downgrading of your rating.  

    You said it yourself.. you're quibbling over an A vs. an A+.    I'd let it go.  In the long run, is it worth the hassle and potential damage?  Probably not.

     

    I agree. One thing I would ask of him if he didn't already provide is a list of goals and recommendations towards working back to your A+ rating. In my company, along with your performance review, the employee and supervisor do this, in writing, and it provides direction for improvement for the upcoming year. I find it extremely helpful, so I know exactly what I'm working towards and trying to excel.

  • imagejlw2505:
    Sorry but you have no case to take action.  You were rated on the work you did plan and simple.  If you try to take this anywhere, they will talk to your boss and then it becomes a huge he said she said and honestly, from what you said, you have no leg to stand on.  You had a great review but from what I read, you didn't go above and beyond  - you simple did your job and did a great job but nothing more.  The guy may have put his foot in his mouth and said something he shouldn't have but that is not a reason to any legal action and it would not go anywhere.

    100% agree....Sounds like you work for the federal gov as do I.  Believe me you will not win this case even if your boss words were inappropriate.  If you deserved an outstanding rating your work and mission results would have been documented to support going over and beyond.  A good supervisor should only judge you from year to year.  Please don't go through this.....you do have a career to maintain and potential promotion in the future and you do not want this in the back of anyone's mind of holds to key to your career advancement.

  • imageFaithfullyinlove:

    imagejlw2505:
    Sorry but you have no case to take action.  You were rated on the work you did plan and simple.  If you try to take this anywhere, they will talk to your boss and then it becomes a huge he said she said and honestly, from what you said, you have no leg to stand on.  You had a great review but from what I read, you didn't go above and beyond  - you simple did your job and did a great job but nothing more.  The guy may have put his foot in his mouth and said something he shouldn't have but that is not a reason to any legal action and it would not go anywhere.

    100% agree....Sounds like you work for the federal gov as do I.  Believe me you will not win this case even if your boss words were inappropriate.  If you deserved an outstanding rating your work and mission results would have been documented to support going over and beyond.  A good supervisor should only judge you from year to year.  Please don't go through this.....you do have a career to maintain and potential promotion in the future and you do not want this in the back of anyone's mind of holds to key to your career advancement.

    ok I just posted on the wrong board, but my advice still stands.  Sorry 

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