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Disabilities

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UNDER THIS ACT PREGNANT EMPLOYEES MUST BE TREATED THE SAME FOR ALL EMPLOYMENT ... Public Employees Racial discrimination in employment may also be ... – PowerPoint PPT presentation

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Title: Disabilities


1
RELATED LINKS
Age
Organization Chart Caucuses Calendar
Disabilities
International Brotherhood of Teamsters Human
Rights Commission
National Origin
National Origin
Gender
Disabilities
Race
National Origin

Age
Sexual Orientation
Race
Religion
Religion
Gender
Sexual Orientation
2
About the Human Rights Commission
  • WE STAND TOGETHER
  • The Human Rights Commission was established to
  • Assist local unions in promoting diversity,
  • Eliminate all forms of discrimination that
    divides us on the job, in society and in our
    union,
  • Sponsor conferences that bring together groups to
    help celebrate their contributions to the fabric
    of our union,
  • Encourage Teamsters participation in national
    events like Martin Luther King Day celebrations,
  • Develop educational materials on topics such as
    sexual harassment, ADA and other forms of
    discrimination,
  • Foster unity and strength among all our members.
  • HUMAN RIGHTS COMMISSION STATEMENT
  • The Teamsters Human Rights Commission is proud of
    the strength that is drawn from the diversity
    within the unions ranks.
  • 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.
  • 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-to-member,
    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.

3
National Origin and Citizenship Discrimination
  • 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 ones
    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.

4
The Rehabilitation acts of 1973 and The American
Disabilities Act
  • Disability Discrimination
  • 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.
  • 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

5
  • 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..
  • 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.

6
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
  • More

7
  • 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
  • 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.

8
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.
  • 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 INDIVIDUALS GENDER.
  • 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 INDIVIDUALS 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.
  • 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 VICTIMS 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.
  • 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
    EMPLOYMENT-RELATED PURPOSES, INCLUDING RECEIPT OF
    BENEFITS UNDER FRINGE BENEFIT PROGRAMS, AS OTHER
    PERSONS NOT SO AFFECTED BUT SIMILAR IN THEIR
    ABILITY OR

9
  • 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

10
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 laws 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.

11
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.

12
Race Discrimination
  • 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.
  • 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 employees 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.
  • 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.
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