Pregnant and Facing Workplace Harassment: How Can I Address This Unfair Treatment?

I have been working with a company for almost 6 years. I am seven months pregnant, and I am being harassed by my managers.

Appraisal Delays and Harassment

My appraisal was due in October. My first reminder to my immediate manager was on January 15, 2014. I have been informed that the appraisal discussion would be carried out by the Senior Manager HR. It was scheduled three times, but he never conducted the discussion, stating that sometimes he was busy or didn't turn up on time. He works evening shifts, i.e., 7 PM to 4 AM, and I have always been asked to stay during his shift time to continue the discussion. My shifts are from 9 AM to 6 PM. I always stayed to continue the discussion on the scheduled date and time, but it never happened. In February, I was advised by the doctor to be on complete rest due to certain complications, of which my manager was aware and understood.

Follow-up and Response

I started following up with them again in March through email, mentioning all the facts that I wouldn't be able to stay for long hours due to the complications and requested to have the discussion during my shift timings. But to my shock and surprise, after continuous follow-up, I received a reply stating that the appraisal would not be done due to a shortfall in performance and was asked, "If you could complete your shift, then why can't you stay back for an hour?" I clearly mentioned that due to commuting by public transport and traveling alone, it wouldn't be possible for me.

Key Points to Note

- My manager has been making comments since finding out about my pregnancy that "I am a liability" and "I am an expensive resource."
- My manager neither had a discussion about my performance throughout the year nor had a formal appraisal discussion.
- When asked about my appraisal, she simply said that the senior manager will talk to you and you don't have any choice.
- She is telling other team members that I won't come back after maternity leave.
- I am part of the recruitment team, and if my performance was lacking, how could my manager receive an appraisal since she also has team targets?

It appears that they do not want me to continue working and are harassing me.

I would appreciate your advice on what action I could take to stop this.

Regards,

I do understand your situation. First of all, by law, they can't ask you to keep waiting after your shift is over on medical grounds. Secondly, I believe that as you are in recruitment, you must maintain certain MIS and trackers, which are self-explanatory and serve as performance indicators. For example, how many positions you handle, how many you have closed, the turnaround time, and the cost savings for the company. This includes closures through job portals, consultancies, internal references, etc. Try to derive benefits from these exercises. It will provide you with a clear picture and serve as documented evidence when you need to justify your performance.

I hope you understand what I am trying to convey. Just remember, the accuracy of performance appraisals depends on the tools or theories used by management. Management may not be inclined towards higher increments as it leads to increased costs in their budget.

Regards,
Tushar Swar

Please also explore the possibility of meeting the overall Head of HR in your organization and bring this to his/her notice. This shall surely bring some sigh of relief to you.

With best wishes,
RK Nair