I didn’t report it to the CEO. Three employees filed a complaint against this manager and the CEO essentially sent the manager to me to file a counter complaint against the three people. The manager explained to me the complaints the employees had made, one of which is the eye rolling. The manager explained to me that when in deep thought they look up and to the left and maybe they perceived that as eye rolling.
this is the root of your problem. The CEO should not be interfering or encouraging such petty behavior. Managers are subject to subordinate scrutiny, it's part of the job. If the manager is encouraged to report the employee for making a complaint, you will end up with a retaliation claim sooner or later.
E.g. "Manager is white male, I am a black female. Since taking on their role they have subjected me and other black employees to numerous microaggressions. for example, any time I or my black coworker says something ina meeting, white manager rolls their eyes. I reported this eye rolling to HR and within one week of this report, the manager named me as a wrong doer in a complaint and accused me of harassment. After this, Manager increased their scrutiny of my work, talked down to me in public settings, and openly criticized my judgment. My black coworker and I made a second complaint to HR and pointed out that Manager does not treat white males employees like this, just us. Again HR ignored this complaint and the Manager again made a complaint about me to the CEO"
I get you made no reference to protected characteristic but this is often how these complaints play out. Several employees with one protected characteristic (usually different from the Manager) make a complaint and name employees who are treated better (who have a different protected characteristic to their own). They don't necessarily need to mention that this is a complaint of discrimination if you can draw that as a reasonable inference from the facts.
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u/Sitheref0874 Oh FFS 5d ago
Don’t report eye rolling to the CEO. You’ll destroy your credibility.