@savage39,
savage39 wrote:
I am 54 and about 100 pounds overweight. I have diabetes and hypertension. No one at my work knows this, and my weight in no way prevents me from doing my job. I have a new boss who is 23. She has been riding me about various things which I consider abuse (cc'ing her on every email, insisting I give a minute by minute log of what I do all day, etc. At a lunch the other day, she said she is considering some team activities for after work, such as RUNNING. My two colleagues are also in their 20s and much more able to run than I am! I was sitting straight across from her, and we were the only ones there. She weighs about 90 pounds soaking wet. I felt it was a slap in the face and would like to file with HR about discrimination. Is this justified? I really just want to get her off my back.
CCing her on every e-mail and keeping a detailed activity log, may be excessive micro-managing but it's hard to say it's discriminatory, or even abusive.
She might be able to offer a rational explanation as to why she is so closely monitoring your work activity. Let's face it, there are plenty of poor performing employees who blame their bosses. This is not to say that you are one or that her practices are warranted, but it's certainly possible.
As for her comment about running, unless she said you would have to run and that you would be let go if you refused or were unable to do so, I don't see the discrimination. Many companies have so-called "Wellness Programs" which, in the main, are intended to attempt to save them money. I even read recently that there are some companies who have taken to "fining" employees who won't partake of company work-out facilities. This, it seems to me, is going too far, but employees at such companies are free to leave and seek employment elsewhere.
Unfortunately, you're probably not going to get much sympathy from fitness-Nazis, and if your HR Rep is one, you're sunk.
Also, your next step is largely dependent upon where you work. In "Right to "Work" states, you usually only have a valid discrimination complaint if the actions are provably based on your membership in a federally protected class: Race, Gender and Age. As far as I know, the overweight have not become a protected class. Some state have their own laws about who can't be fired, but they tend to be about whistle-blowing and such.
Your boss may have been an ass intending to give you a "slap in the face," but that's not necessarily discrimination. It doesn't mean you shouldn't talk to HR though. Most companies are not OK with supervisors slapping their employees, figuratively or literally, in the face. My advice though is not to charge in claiming discrimination. Just talk to your HR Rep and tell him/her of your concerns. Let him/her decide whether or not it can be considered discrimination. Understand though that unless your HR Rep. is a flaming liberal, he/she will talk to your boss and weigh her account of the facts against yours. HR tends to side with management when the accounts are a push and this isn't as horrible as some might think. Your HR Rep is not a Union Shop Steward. He or she is not an advocate for employees, although this role may be played on occasion when warranted. In a "he said- she said" situation involving worker and supervisor, it makes sense to err on the side of the supervisor.
What you do is, obviously, up to you, but I strongly suggest you don't take the advice of some of the firebrands in this forum. You can make a huge stink about this and the odds are you will get the short end of the stick. You could come out ahead, but you would be beating the odds. If you like your job and you want to remain employed by your company then take a more reserved, but no less self-interested approach.
If you don't like your job, irrespective of your supervisor's actions, then start taking steps to find a new one.
You might even try talking directly to her about the issue. Believe it or not, she may have no appreciation for how her actions are personally affecting you. If you present your case in a composed manner, she might have a hard time justifying her actions. On the other hand, if you confront her guns blazing, you can be sure she will respond in kind.
Much of this is Human Nature and relationship dynamics.
I would hope that you have a HR Rep who can discuss this matter with you in the sort of detail and scope it requires, but then I don't have a very high regard for HR Reps.
Legally, it doesn't appear that you have any kind of case at all. Skillfully manage personal relationships at work and you may get what you want.