Is this discrimination?

I was hired for a job that makes me a "mandated reporter." Anytime I believe a child is in danger I am required, by law to report it. In asking a question as to if I was liable to report a person I know to be a sex abuser (many different accusations) my supervisor prompted me for more information. This led to me disclosing personal information about myself. She told me that the whole story was "disturbing" and informed me that I probably have a personal bias which will prevent me from doing my job. I explained in detail how this information would not interfere. This was my fourth day on the job. Since then, she has placed me in the field shadowing co-workers in a few situations that I am not qualified to deal with. Upon dealing with them effectively, my supervisor accused me of "not listening to specific instructions." She simply had to ask my co-worker to reveal that she was wrong. The other day my trainees and I all received an e-mail stating that we were going to be evaluated the following day. The evaluation was to be based on our training. It was supposed to involve the supervisor, our mentor from training, and each individual. We had time slots. All six of my fellow trainees were hired 4 weeks before me. As per our handbook, our first evaluation occurs 8 weeks after we start the job. Long story short..Later on that day, I received another email changing the time of my evaluation. When I arrived the next day, there were two people in the room. (My supervisor and her boss or another supervisor) I was told that this other woman was going to sit in on all of the evaluations. She called my mentor and he did not answer. (His assessment was via teleconference) I was told to go to my desk and she would call me in when he called back. An hour later I was called into the room. What happened next was a bit upsetting. I received 45 minutes of insults. I was told that I have zero listening skills and that the thought of my dealing with children was cause for concern. I was evaluated on aspects of the job that I have never performed. I have complete exaggerations of the truth and blatant untruth all written up in an evaluation. I defended myself in a respectful manner. I politely asked how I was being scored on things that I had never had a chance to do. I wasn't given a clear answer. A part of my written evaluation clearly took something I said in training out of context to try to prove that I had a personal bias. My supervisor referenced the conversation we had 4 days in (sex abuse) to try to point my bias out to me. I clearly wasn't going to state my personal business during an evaluation, so I had no recourse. When my trainer hung up, my supervisor told me three times that many people just aren't meant for this job. I felt that I was being bullied into resigning. I told her that I hadn't even completed my fourth week and felt that I have not been given an opportunity to show what I was being evaluated on. She dismissed me and sent me out into the field to shadow another co-worker. The next day, I am told by another trainee that all of their evaluations were cancelled the day that they got the email. I was the only person given an evaluation AND the only person that had not been given an opportunity to prove myself. I know that once I hit 8 weeks of work she is going to fire me simply because she can. I am at a loss for what to do here. I do have ADD which I have never disclosed because I never felt it hindered upon my work. I was a tenured music teacher working in 4 buildings with 900 students and all faculty and staff. My reviews were always glowing. Please let me know if I can do anything before she fires me without cause. In the state of NY, she can do so without reason. Thank you so much.

1 answer  |  asked Feb 22, 2013 6:20 PM [EST]  |  applies to New York

Answers (1)

Patricia Pastor
Your employer's conduct may or may not constitute unlawful discrimination. Unfortunately, the key information required in order to make a determination as to whether you might have a plausible claim of employment discrimination is missing from your question. While NY is an "at wlll" employment state, meaning you can be discharged for any reason, there are exceptions to that general rule. One of the most important pieces of information is that you had a conversation with your supervisor in which you revealed something personal and you believe you may have been treated differently based on that information. Therefore, the key question is whether the information you disclosed belongs to a protected category under the law. For example, if you revealed your religion, your sexual orientation, your age, marital status, a disability or other protected category, and your employer reacted strongly and then immediately began treating you differently, and you believe the reaction was based on the protected category, then you might want to consider hiring an attorney or filing a claim with the EEOC or NYS Human Rights Division. Absent more detailed information, my best advice is that you directly consult with an employment attorney.

posted by Patricia Pastor  |  Feb 22, 2013 8:33 PM [EST]

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