Transcript Slide 1

Organization
Chart
Caucuses
Calendar
About the Human Rights Commission
WE STAND TOGETHER
HUMAN RIGHTS COMMISSION STATEMENT
The Human Rights Commission was established to:
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Assist local unions in promoting diversity,
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Eliminate all forms of discrimination that
divides us on the job, in society and in our
union,
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Sponsor conferences that bring together
groups to help celebrate their contributions to
the fabric of our union,
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Encourage Teamsters participation in national
events like Martin Luther King Day
celebrations,
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Develop educational materials on topics such
as sexual harassment, ADA and other forms
of discrimination,
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Foster unity and strength among all our
members.
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The Teamsters Human Rights Commission is
proud of the strength that is drawn from the
diversity within the union’s ranks.
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Further, we recognize the need to educate, and
to learn that different physical and cultural
qualities such as “race, age, color, religion,
sex, sexual orientation, disabilities, or national
origin” make individuals unique and deserving
of respect.
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The Commission will actively work to involve all
members, crossing the barriers of division;
increasing opportunities for participation;
fighting the discrimination that weakens, and
uniting our great union. The Commission will
build a network of communication, creating a
powerful voice to advocate dignity and justice
on the job, in the community, member-tomember, neighbor-to-neighbor, throughout our
nations and around the world. The Commission
will use its energies to strengthen our great
union, preserving its foundation for future
generations of Teamsters.
National Origin and Citizenship
Discrimination
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Discrimination on the basis of national origin or "ethnicity" is prohibited by Title VII for
employers with 15 or more workers. Although not specifically defined in the statute,
"national origin" has been defined as "the country of one’s ancestry." Although Title
VII does not cover discrimination based upon citizenship, requirements that have the
effect of discriminating on the basis of national origin may be illegal. The EEOC also
considers English-only rules to be illegal. Also, as with race bias, harassment in the
form of ethnic slurs or other verbal or physical conduct related to national origin may
violate the statute.
Immigration Reform and Control Act of 1986 (IRCA) – Discrimination on the basis of
citizenship or national origin is also prohibited under the IRCA. The IRCA requires
employers to verify that all employees hired after November 6, 1986 are authorized to
work in the United States. In addition, the IRCA prohibits all employers with at least
four employees from discriminating on the basis of national origin or citizenship. The
IRCA prohibits discrimination in hiring, and prohibits firing, intimidating, threatening,
coercing, or retaliating against any individual who files or intends to file a charge or
complaint.
In addition, employers are prohibited from asking only individuals who look or sound
foreign or who are of a particular national origin for documents showing proof of their
identity and work authorization.
The Rehabilitation acts of 1973 and The
American Disabilities Act
Disability Discrimination
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There are several federal laws prohibiting
discrimination against individuals with disabilities.
The Rehabilitation Act of 1973 covers federal
contractors and programs receiving federal funds.
The Americans with Disabilities Act prohibits
discrimination in employment, public services,
public accommodations and telecommunications.
Under both statues, employers are prohibited from
discriminating against qualified applicants and
employees with disabilities and are required to
provide reasonable accommodations for such
individuals, unless doing so would cause an "undue
hardship" on the business.
TITLE I OF THE AMERICANS WITH DISABILITIES ACT:
EMPLOYMENT PROVISIONS – TITLE I OF THE
AMERICANS WITH DISABILITIES ACT OF 1990, WHICH
TAKES EFFECT JULY 26, 1992, PROHIBITS PRIVATE
EMPLOYERS AND STATE AND LOCAL GOVERNMENTS
WITH 15 OR MORE EMPLOYEES, EMPLOYMENT
AGENCIES, AND LABOR UNIONS FROM DISCRIMINATING
AGAINST QUALIFIED INDIVIDUALS WITH DISABILITIES IN
JOB APPLICATION PROCEDURES, HIRING, FIRING,
ADVANCEMENT, COMPENSATION, FRINGE BENEFITS,
JOB TRAINING AND OTHER TERMS, CONDITIONS AND
PRIVILEGES OF EMPLOYMENT. TITLE I IS ENFORCED BY
THE EEOC.
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Who is a "qualified" individual under the
ADA?– The ADA provides protection only for
qualified individuals with a disability. A
qualified individual with a disability is an
individual with a disability who, absent the
disability, is otherwise qualified for the job.
What are "essential functions" of the job
and how are essential functions
determined? - The term "essential functions"
refers to the fundamental duties of a job that
must be performed with or without reasonable
accommodation. The basic rule of thumb for
essential functions of the job is that someone
with a disability need not be qualified to do
everything a job requires, but only those
essential functions that are at the heart of the
job.
Who is disabled under the ADA?– An
individual is disabled under the ADA in three
different circumstances: (1) has a physical or
mental impairment that substantially limits one
or more major life activities; (2) has a record
of such an impairment; or (3) is regarded as
having such an impairment.
"Undue Hardship" Exception from the
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What is a Reasonable Accommodation? –
Job accommodation under the ADA refers to
the reasonable amount of expense, effort or
restructuring that an employer must undertake
to enable a qualified individual with a disability
to perform the essential functions of a job. A
reasonable accommodation is any change in
the work environment or in the way that jobs
are customarily performed that enables a
worker with a disability.
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Reasonable Accommodation Requirement
– Failure to provide reasonable
accommodation may be justified where the
employer can demonstrate that the
accommodation would impose an undue
hardship on the operation of the business.
Employers are not required under the ADA to
provide an accommodation that would be
unduly, costly, extensive, substantial,
disruptive, or that would fundamentally alter
the nature or operation of the business.
Whether a particular accommodation poses
an undue hardship will be determined on a
case-by-case basis.
GLBT Caucus
In September, 2004 three members of the Teamsters Human Rights Commission met in Kansas
City, Missouri to discuss the need for a Gay, Lesbian, Bisexual and Transgender (GLBT) Caucus
within the International Brotherhood of Teamsters. An immediate need was recognized to advance
understanding, acceptance and respect of GLBT issues within the Teamster Organization and our
workplaces. Additionally, we envisioned a caucus that would promote activities which would further
the rights and interests of the Teamster GLBT Community. For more information, visit us at
www.teamstersglbt.org
As union members, we know there is strength in numbers. We need your assistance,
involvement and support. Please join us to help make the GLBT Caucus an integral force
within our union!
Our Goals and Objectives
The primary purpose of the Teamsters GLBT Caucus is to unify, educate and empower
Gay, Lesbian, Bisexual and Transgender members of the International Brotherhood of
Teamsters and the workforce at large, to ensure equality in the workplace and to enhance
workers’ power at the bargaining table, in organizing campaigns, and in the political arena.
The caucus intends to accomplish these objectives through the following actions:
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Advancing understanding, compassion, equality, acceptance and respect
within the Teamster organization through education and awareness.
– Members of the caucus and other persons of good will for the
purpose of promoting and participating in economic, cultural, civic,
legislative, political, educational, fraternal, charitable, welfare, social
and other activities which further the interest of the International
Brotherhood of Teamsters, the labor movement and
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ASSISTING OTHER NON-PROFIT ORGANIZATIONS HAVING RELATED
PURPOSES AND OBJECTIVES.
OPPOSING DISCRIMINATION AND OPPRESSION IN THE WORKPLACE AND IN
ALL ASPECTS OF SOCIETY THROUGH EDUCATION AND ADVOCACY.
PARTICIPATING IN COMMUNITY SERVICE ACTIVITIES.
ENGAGING IN POLITICAL ADVOCACY WITH THE GOAL OF CREATING EQUAL
OPPORTUNITY FOR ALL CITIZENS IN THE WORKPLACE AND IN THE
GREATER COMMUNITY.
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Sex Discrimination
Title VII prohibits sex discrimination with respect to employment. Discrimination based on sex
also includes sexual harassment, pregnancy issues, fetal protection policies and sex-based
differences in employee benefits.
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GENDER-BASED DISCRIMINATION – IT IS
UNLAWFUL UNDER TITLE VII FOR AN EMPLOYER
(INCLUDING A UNION AS AN EMPLOYER) TO
REFUSE TO HIRE, TO DISCHARGE, OR IN ANY
MANNER DISCRIMINATE, LIMIT, SEGREGATE, OR
CLASSIFY EMPLOYEES ON THE BASIS OF SEX. IT
IS ALSO ILLEGAL FOR AN EMPLOYMENT AGENCY
OR A UNION ORGANIZATION TO DISCRIMINATE ON
THE BASIS OF AN INDIVIDUAL’S GENDER.
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SEXUAL HARASSMENT – SEXUAL HARASSMENT IS
A FORM OF ILLEGAL SEX DISCRIMINATION
DEFINED BY THE EEOC AS "UNWELCOME SEXUAL
CONDUCT THAT IS A TERM OR CONDITION OF
EMPLOYMENT." TWO TYPES OF SEXUAL
HARASSMENT ARE ACTIONABLE UNDER TITLE VII
INCLUDING "QUID PRO QUO" (THIS FOR THAT) AND
HOSTILE WORK ENVIRONMENT. QUID PRO QUO
OCCURS WHEN SUBMISSION TO OR REJECTION
OF SUCH CONDUCT BY AN INDIVIDUAL IS USED AS
THE BASIS FOR EMPLOYMENT DECISIONS
AFFECTING THE INDIVIDUAL. HOSTILE WORK
ENVIRONMENT SEXUAL HARASSMENT IS
UNWELCOME SEXUAL CONDUCT THAT
UNREASONABLY INTERFERES WITH AN
INDIVIDUAL’S JOB PERFORMANCE OR CREATES AN
INTIMIDATING, HOSTILE OR OFFENSIVE WORKING
ENVIRONMENT. THERE ARE THREE MAIN ISSUES
INVOLVED IN A DETERMINATION OF WHETHER
ILLEGAL SEXUAL HARASSMENT HAS OCCURRED.
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FIRST, THE UNSOLICITED SEXUAL CONDUCT
MUST BE UNWELCOME, OFFENSIVE AND/OR
UNDESIRABLE. SECOND, TO VIOLATE TITLE
VII THE CONDUCT MUST BE SUFFICIENTLY
SEVERE OR PERVASIVE TO ALTER THE
CONDITIONS OF THE VICTIM’S EMPLOYMENT
AND TO CREATE AN ABUSIVE WORKING
ENVIRONMENT. FINALLY, WHETHER AN
EMPLOYER CAN BE HELD LIABLE FOR THE
CONDUCT OF SUPERVISORS, CO-WORKERS,
OR OTHERS IN THE WORKPLACE MAY
DEPEND UPON THE TYPE OF HARASSMENT,
THE APPARENT AUTHORITY OF THE
HARASSER, THE KNOWLEDGE THAT CAN BE
IMPUTED TO THE EMPLOYER, AND THE
ACTION TAKEN TO PREVENT OR CORRECT
THE SITUATION.
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PREGNANCY/MATERNITY ISSUES –
DISCRIMINATION BASED ON GENDER UNDER
TITLE VII ALSO INCLUDES DISCRIMINATION
"ON THE BASIS OF PREGNANCY, CHILDBIRTH,
OR RELATED MEDICAL CONDITIONS." THESE
PROVISIONS WERE ADDED BY THE 1978
PREGNANCY DISCRIMINATION ACT. UNDER
THIS ACT PREGNANT EMPLOYEES MUST BE
TREATED THE SAME FOR ALL EMPLOYMENTRELATED PURPOSES, INCLUDING RECEIPT
OF BENEFITS UNDER FRINGE BENEFIT
PROGRAMS, AS OTHER PERSONS NOT SO
AFFECTED BUT SIMILAR IN THEIR ABILITY OR
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INABILITY TO WORK. EMPLOYERS MAY NOT
FIRE OR REFUSE TO HIRE OR PROMOTE A
WOMAN BASED ON HER PREGNANCY, NOR
MAY THEY FORCE A PREGNANT EMPLOYEE TO
TAKE A MANDATORY LEAVE THAT IS NOT
BASED ON AN INDIVIDUAL ABILITY TO
PERFORM ESSENTIAL JOB FUNCTIONS.
INSURANCE AND OTHER BENEFITS – THE
EEOC HAS TAKEN THE POSITION THAT
BENEFITS ARE WAGES FOR THE PURPOSE OF
THE EQUAL PAY ACT AND THAT
DISCRIMINATION ON THE BASIS OF
PREGNANCY WITH REGARD TO FRINGE
BENEFITS AMOUNTS TO SEX DISCRIMINATION.
TEMPORARY DISABILITY COVERAGE OFFERED
TO MALE EMPLOYEES MUST BE GRANTED ON
AN EQUAL BASIS TO FEMALE EMPLOYEES FOR
THE TEMPORARY DISABILITY OF PREGNANCY
AND CHILDBIRTH.
FETAL PROTECTION POLICIES – POLICIES
EXCLUDING ALL WOMEN CAPABLE OF
CHILDBEARING FROM CERTAIN JOBS THAT
WILL EXPOSE THEM TO SUBSTANCES
POTENTIALLY HAZARDOUS TO FETUSES
WERE STRUCK DOWN BY THE U.S. SUPREME
COURT AS DISCRIMINATORY UNDER TITLE VII.
FRINGE BENEFITS – UNDER BOTH TITLE VII
AND THE EQUAL PAY ACT IT IS UNLAWFUL TO
DISCRIMINATE ON THE BASIS OF GENDER IN
"COMPENSATION, TERMS, CONDITIONS OR
PRIVILEGES OF EMPLOYMENT." FRINGE
BENEFITS, WHICH INCLUDE MEDICAL,
HOSPITAL, ACCIDENT AND LIFE INSURANCE,
RETIREMENT BENEFITS, PROFIT SHARING
AND BONUS PLANS, LEAVE AND OTHER SUCH
CONCEPTS, ARE PART OF THE PRIVILEGES OF
EMPLOYMENT AND MAY NOT BE DOLED OUT IN
A DISCRIMINATORY MANNER
Religious Discrimination
Title VII prohibits employers from discriminating on the basis of religion in hiring
practices, promotion decisions, leave policies, and other employment actions. Any
sincerely held religious, moral or ethical belief is entitled to the law’s protection. An
employer is required to "reasonably accommodate" employees’ religious observances
or practices, unless it can demonstrate that such accommodation would create an
"undue hardship" on its business. A reasonable accommodation does not have to be
the least restrictive or the one suggested by the employee. Also, an accommodation
that requires an employer to bear more than a minimal cost or to violate a valid
seniority system or collective bargaining agreement is an undue hardship.
Age Discrimination in Employment
Act
The Age Discrimination in Employment Act (ADEA) prohibits employers from
discriminating against workers who are 40 years of age or older. The ADEA
covers private employers of 20 or more persons as well as state and local
governments, employment agencies serving covered employers and labor
unions with 25 or more members. Specifically, labor unions that operate a
hiring hall or office that recruits potential employees or obtains job opportunities
also must abide by the law. In general, the ADEA prohibits age discrimination in
hiring, discharge, pay, promotions and other terms and conditions of employment.
Several groups of employees are partially exempt from ADEA coverage. These include
some high-level managers, public safety personnel (such as police officers and fire
fighters), uniformed military personnel and tenured employees at colleges and
universities. Also, an employer can defend itself against an age discrimination charge by
showing that age is a bona fide occupational qualification for a particular job. For
example, if a job is physically demanding in certain situations an employer may raise this
defense.
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Race Discrimination
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Title VII prohibits racial discrimination, including bias on the basis of ancestry or
ethnic characteristics such as skin color and facial features. The statute protects
against racial discrimination in all aspects of employment, including hiring and firing,
wages, promotions, use of company facilities, and all other terms and conditions of
employment.
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In addition, employers must maintain an atmosphere free of racial intimidation. As
with sexual harassment, complainants must show either an unreasonably abusive or
offensive work environment, or that the harassment adversely affected a reasonable
employee’s ability to perform the job. In these situations both the Union and the
employer may be found liable if the harassed individual can show that the employer
either knew or should have known about the harassment and did nothing to stop it.
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Public Employees – Racial discrimination in employment may also be constitutionally
forbidden by public employers under the equal protection or due process guarantees
of the Fifth or Fourteenth Amendments to the United States Constitution.