Cancer disrimination in workplaces

Tue. July 14, 2009 12:00 AM by Gay Chicago Magazine

Chicago, IL - Laura Valenziano, a 55-year-old lesbian, cancer survivor, and 18-year veteran employee of United Health Group (UHG) filed a Charge of Discrimination with the Illinois Department of Human Rights (IDHR) on June 1.

Valenziano alleges discrimination and retaliation on the basis of sexual orientation, age, gender and perceived disability. Valenziano, who also serves on UHG's LGBT advisory council, alleges that her troubles began when she began to report to a new, male manager. The manager praised her performance until he met her in person. Valenziano is a telecommuter so it is not unusual for managers and employees to have very limited face-time.

Prior to meeting Valenziano, the manager discussed how he believed she should take on added responsibility since she was doing such a good job for UHG. Valenziano, a heavy-set woman with a traditionally non-feminine appearance believes her manager was uncomfortable with her appearance and her sexual orientation. She also believes that he perceives her as "disabled" and incapable of performing her job because she has had cancer and suffers from other health issues. After their in-person meeting Valenziano states:

"Nothing I did was acceptable to him. Everything had changed. He criticized the smallest things. And, in September 2008, he informed me that he wanted me to move to a different role where I would no longer be managing people. He also frequently asked me how my health was and how I was feeling. Maybe he thought I was sick and too old to do my job or maybe I just didn't fit the "image" he wanted for his team."

In October 2008, Valenziano was moved to a role that consisted predominantly of administrative tasks. Her job grade also was reduced from a Grade 29 to a Grade 28. UHG denied it had demoted her. Valenziano retained counsel and complained about these actions, alleging unlawful discrimination. While Valenziano continued to be harassed and mistreated in the workplace, UHG did nothing.

In March 2009, Valenziano received a $5000 bonus with her annual review. The review acknowledged she had experienced a difficult year with her demotion.

"I couldn't believe they finally admitted they had done this to me," said Valenziano.

But, after her attorney confronted UHG with this evidence, the term "demotion" was removed form her review. Valenziano was then placed on corrective action being told that her performance was completely unacceptable and had to be improved within 30 days or she would be terminated.

Valenziano believes she was disciplined, harassed, and threatened with termination because of her continued complaints about UHG's unlawful treatment of her.

"The whole thing is just so unfair. I feel like they left me no choice but to file a formal complaint," said Valenziano when asked why she filed a Charge with the IDHR. "I tried for months to resolve the issue internally with them and through my attorney, at my own cost. Maybe they just thought they could keep pushing me around. I want them to know, enough is enough. This is no way to treat your employees."
 

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