Legal Question in Employment Law in Virginia

I recently had my annual review and throughout the review with my manager kept using the phrase " I don't see you doing more" ,"I see that you only come in an do your 8 hours and leaving", and " If I had to choose someone do a project, I wouldn't chose you". She never took the time to get to know me and what I have accomplished throughout my time at the company. She reviewed me based upon perception and the opinion of her supervisor. Is rating an employee based upon perception a form of discrimination? If so, how would I handle that? I am asking because her personal opinion of me could hinder me from a promotion or an unfair review.


Asked on 10/07/10, 7:30 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Discrimination based upon one's perception as suggested in this question? No,

I don't think so, at least not the kind that would be sustainable as a cause of

action in federal court. (One employee's perception of conduct in an annual review on the part of her supervisor or manager as discriminatory might possibly be more accurately characterized (and defended) as merely that supervisor's candid and unbiased evaluation of her.)

And, yes, in evaluting a person's job performance or almost anything else

for that matter, certain finely tuned discriminatory skills on the part of the evaluator acquired and honed through years of experience are absolutely called for and quite appropriate in order to ensure that a reasonably fair and accurate evaluation is ultimately arrived at (in my opinion).

Read more
Answered on 10/12/10, 9:30 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Virginia