I was on maternity leave for one month in Dec. of 2007. Yearly percent increases by the company are given to each department to divide up amongst employees...example, if the department has 3 employees and is given 10% for raises, then two people might get 3% and one would get 4% depending on performance.

Question: My direct supervisor gave me an outstanding review, however his supervisor downgraded my performance by one level stating "it wouldn't be fair to everyone else in the department" that I get a higher percentage because I was gone for one month. I believe this is discrimination because they are not taking into account the 330 days that I was present and now my individual performance doesn't matter. By the way, no one had to "fill in" for me in my absence because our project wrapped up by the time I left. Who do I talk to about this? HR?

Any suggestions or comments are appreciated.

Did other employees who were on leave also get downgraded?

That's a great question...one other female in my department was on leave for 3 months in 2007. I'm going to ask my supervisor if she too was downgraded.

Is it discrimination to downgrade the performance of an employee who is on leave...just because they are on leave...not because they performed subpar? My being absent has nothing to do with the work I already completed...my full year of review should be 11 months worth, not 12.

As your question is worded, no, it is not illegal discrimination.

If ONLY employees who were on maternity leave had their review downgraded and not employees who were on other forms of leave (including both medical and non-medical) then that could be considered illegal discrimination.

Not all discrimination is illegal.

Where you on FMLA or just a Leave?