Expert: Michael Troy - 12/26/2006

Question
I am a Corporate HR Manger for a large privately held services provider to the global automotive industry. Female, over 40 and Hispanic (although I don't claim to be hispanic, my employer reclassified me as Hispanic without my knowledge) I support the Operations group on launches of new accounts as well as perform the varied duties of a Corp. HR Manager. I made the mistake of pushing back on a staffing issue to the VP of Ops about 2 years ago and my life at work is a living hell now (I was right and he was wrong). I was recently told that I have no responsibility for account management on paper or known to the field (the major part of my job).  All accounts that would be mine now "fall" under my bosses direction except that all responsibility behind the scenes for account support, launch support, labor relations, employee relations etc is still responsibility but my boss will get credit for it. The rest of the sites are now the responsibility of a younger, male employee who was recently hired (hand picked by the VP of OPS) who I have to train, mentor etc.  My question is 1. is this discrimination and 2. I feel almost as if there is some element constructive discharge here.  I have always had glowing job evals, received 2 raises this year of 5% and 12%, so the money is there.  The issue is more about acknowledgement, respect, job growth potential(or lack thereof).  I also management our Corp. Workers' Compensation program.  The Corp. Safety Manager (male) received an additional bonus 2 years ago of $10,000 for results that were achieved through both our efforts.  This year the Corp. Benefits Manager(female) received an additional bonus for savings achieved. I know my boss went to the senior management group asking for an additional bonus for me due to my significant savings in WC costs and it was shot down by the VP of Ops.  

Answer
Hi Dana,

From your description, it sounds like the poor treatment is due to a personal conflict between you and the VP.  If that is the case, no matter how unfair the treatment, it really does not fall under discrimination law.

However, if you think your age, sex, ethnicity, or some other protected status was even a partial factor in the treatment (e.g. a man who "pushed back" like you did would be respected rather than put down) then discrimintion law applies.  

If you want to pursue the matter, I recommend speaking with an attorney in your area who has employment law experience.  Most attorneys in such a situation will not charge since they can collect fees from the other side if they can win.

I hope this helps!
- Mike