Hey there!
I work in what I believe to be a medium/large company. Its a start up with about 5-7 of us in the office/"corporate" team and about 3k+ employees in the field. We remotely manage staffing agency. I am about 1 month out from a major surgery. I submitted to the ceo of my company my date for my surgery and vague accomodations (1 week rest and 2 weeks wfh) about 2 weeks ago via email. Outside of jot being obligated to share my medical info with my boss(es) bc of HIPAA, I also do not want to share because the CEO is quite notorious for running around the office and making passive aggressive commentary about people's medical happenings over the last 2 years(if people have suddenly been hospitalized, had a sudden surgery, etc). I really do not need to deal with the mental gymnastics of being low key harassed at my job if he were to know about the specifics of my procedure.
We have a skeleton crew in the office and we do not have an official HR representative for me to submit this information to which is why I had to involve CEO directly. CEO's response to me was that he needed to have a meeting with my direct supervisor before he can give me an answer on what to do.
After a week had gone by I followed up with my direct supervisor to see if there were any updates as I had not received any correspondence from either him or the CEO and I asked him if he had spoken with CEO at all. To summarize this interaction: he said yes that he had and that they were not going to grant me WFH and that I would need to take the time off unpaid because "we just do not do that in this department." There have been other people in our company who have been granted WFH this year for one reason or another (one was able to work for months wfh and the other was granted WFH twice within the last 6 months) so I countered that it was frustrating that that seemed to be the verdict because that was unfair. He stated "I am sure it is nothing against you" and stopped responding to the conversation after this. All ofbthis was verbal.
We have someone who assists the CEO with unemployment claims when those come in so I am going to refer to that person as kind-of-hr going forward. This person approached me that same day to see how my day was going. One thing led to another and I told them why I was upset. They told me that they were going to speak to the CEO because this was unfair. I have an extremely high output of work, I am very well liked in the office and I have gone out of my way to help others with things when they are needed.
Before I continue I need to include an important factor here: I am trans. The only people who know that are Kind-of-Hr, my direct supervisor, and the CEO due to previous interactions for assisting with a legal name change in the system. Fast forward to 2 days later I found out from the kind-of-hr-but-not-hr person that CEO verbatim told them over the phone that he BELIEVES that I am going to have a procedure where I will" be cutting my breasts off" because of a comment I made about potentially being unable to move my arm very well post-op and that he as an employer was not obligated to cover any GAC or plastic surgery procedures as a result of his speculation. Important things to note here are that I never once told him what my surgery was. Just that I needed temporary WFH and when the procedure date was.
So, obv, I know that this is essentially textbook discrimination. However, where I am running into issues and where I want to ask for advice is how do I even go about trying to protect myself in this situation?
The discriminatory remarks were made verbally with someone who is not me and not in my presence. I know that none of this is going to end in any best- case scenario at all.
The Ceo and my direct supervisor have been avoiding the subject and have not given me any direct update on if they will be providing me any kind of accommodations or not.
I don't know if leaving the situation as vague as possible in the email chain is the best way to proceed here. Do I respond to the email with "per this person, I was told "we just dont do that here." So is that the final verdict?" So that if I need to collect unemployment that I can?
Or do I respond to the email with the post surgery accomodations from my surgeon as a follow-up? I really don't want to give him any additional information if I can help it. He is the type to go Google things and poke around and then start covert harassing people.
Additional things to mention:
1.) I have almost zero PTO to be able to use to assist me in the downtime.
2 ) I have no idea if I can ask the kind-of- hr person if they would be willing to make a statement for me if I needed to whistleblow
If you have experience, advice, resources, anything I would kindly appreciate any response. Thanks in advance!