Lake George, NY asked in Employment Discrimination and Employment Law for New York

Q: Can false write ups, pips and not giving opportunity and pay bonus used as evidence of discrimination and harassment

State of New York

I've been dealing with hostile work environment and discrimination from my supervisor, manager and human resources for almost year.

They have me on pip (one step away from a final warning) for not reaching my goal but doesn't give me enough time or practice. They have me jumping from dept to dept. How must I reach my goal in my dept when I spend my time in other depts?

For example, supervisor tells me not to do A and next time to do B. So I do be as instructed and I'm told I should've done A and gets written up for misconduct. Its like I'm getting set up.

Barriers are setup to prevent me from getting paid the bonuses. For example my supervisor will change the bonus requirements for me and even when I do make the requirements I don't get it. And I'm excluded from the opportunity to make the bonus in my dept my dept.

Can performance improvement plan be used to show discrimination and/or hostile work environment?

1 Lawyer Answer
Carrie Dyer
Carrie Dyer
Answered
  • Employment Law Lawyer
  • Columbus, OH

A: In some situations, the issuance of discipline, including a performance improvement plan, can be used to support a claim of discrimination or a hostile work environment if the employer does not impose such discipline in a uniform manner, or if disciplinary action is taken in response to a complaint of discrimination or a hostile work environment, among other things. If you feel that you have been subject to discrimination or a hostile work environment, you should consult with an employment attorney.

Tim Akpinar agrees with this answer

1 user found this answer helpful

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