Sexual Orientation

Only 17 states and the District of Columbia have laws that ban discrimination in the workplace because of a person’s sexual orientation. Only eight of those states and the District of Columbia ban discrimination in the workplace because of a person’s gender identity. Because there is no federal law prohibiting employment discrimination on the basis of sexual orientation, working people in 33 states are being denied employment on the basis of something that has no relationship to their ability to perform their work.

The states with laws that prohibit workplace discrimination on the basis of sexual orientation are California, Connecticut, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Rhode Island, Vermont, Washington and Wisconsin. California, Hawaii, Illinois, Maine, Minnesota, New Mexico, Rhode Island and Washington also forbid gender identity discrimination.

Also, 131 cities have laws banning workplace discrimination because of sexual orientation. Fifty-seven of those cities extend protections to include gender identity.

Congress is considering the Employment Non-Discrimination Act (ENDA) that would prohibit discrimination in hiring, firing, promotions, compensation and other employment practices because of a person’s sexual orientation. For more information about ENDA, see:

The work issues pages at the Human Rights Campaign site.
The non-discrimination law page at the National Gay and Lesbian Task Force site.
The following site also can provide information about discrimination:
Federal Office of Personnel Management memo on the rights of federal employees regarding sexual orientation discrimination.

Prepared by the AFL-CIO, www.aflcio.org/

Religion

Religious freedom is one of the principles on which America was founded, and one of the basic rights we value most.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on religion by a private employer, state or local government or educational institution with 15 or more employees for 20 or more weeks a year.

If you think you have been discriminated against because of your religion, you can file a complaint on a form with the Equal Employment Opportunity Commission, a federal agency that works to protect you from discrimination based on age, sex, race, color, national origin, religion or disability. You can file a charge by calling 800-669-4000 for more information (800-669-6820 for the hearing impaired). All charges must include:

  • Your name, address and telephone number.
  • Your job title.
  • A brief description of the problem.
  • When the incident(s) occurred.
  • The type of discrimination you encountered.

In addition to your denomination’s website, the following sites also can provide information about discrimination:

For more information, visit the EEOC question-and-answer page about discrimination.

Prepared by the AFL-CIO, www.aflcio.org

Race, Ethnic Background

Under the law, all workers look alike, regardless of skin color or ethnicity.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color or national origin by a private employer, state or local government or educational institution with 15 or more employees for 20 or more weeks a year.

If you think you have been discriminated against because of your race or ethnicity, you may file employment discrimination charges as an individual or as part of a group (known as “class action”) with the Equal Employment Opportunity Commission. The charges must be filed on an EEOC form within 180 days of the alleged discriminatory act. If you are represented by a Union, contact your Union steward, who can help you file charges. Federal employees must file discrimination charges within their own agency.

You also have a right to file a complaint on a form with the Equal Employment Opportunity Commission, a federal agency that works to protect you from discrimination based on age, sex, race, color, national origin, religion or disability. You can file a charge by calling 800-669-4000 for more information (800-669-6820 for the hearing impaired). All charges must include:

  • Your name, address and telephone number.
  • Your job title.
  • A brief description of the problem.
  • When the incident(s) occurred.
  • The type of discrimination you encountered.

For more information, visit the EEOC question-and-answer page about discrimination.

For additional resources, visit:

Frequently Asked Questions on the U.S. Department of Justice’s Civil Rights Division site.
Facts About National Origin Discrimination at the EEOC site.
AFL-CIO Civil and Human Rights site, which includes links.
Download the Working for America Institute Publication, Promoting Diversity: Means Testing the Employment Tests.
The NAACP site.
The site of the Mexican American Legal Defense and Education Fund (MALDEF).
The Leadership Conference on Civil Rights site.

AFL-CIO constituency group sites, including:

A. Philip Randolph Institute;
Asian Pacific American Labor Alliance;
Coalition of Black Trade Unionists;
Coalition of Labor Union Women;
Labor Council for Latin American Advancement; and
Pride At Work. top

Prepared by the AFL-CIO, www.aflcio.org/

Pregnancy

regnant? You’ve got legal rights protecting you against job discrimination.

The Pregnancy Discrimination Act of 1978 forbids employers from discriminating against workers on the basis of pregnancy, childbirth or related medical conditions. The act says women affected by pregnancy or related conditions must be treated in the same manner as other applicants or workers with similar abilities or limitations, such as temporary medical conditions.

As long as a pregnant woman can perform her job functions, an employer cannot refuse to hire her because of her pregnancy or because of the employer’s prejudices about pregnant women or the prejudices of co-workers, clients or customers.

If a worker is unable to perform a job because of pregnancy, the employer must treat her the same as any other temporarily disabled worker—for example, by providing modified tasks, alternative assignments, disability leave or leave without pay.

A pregnant worker can remain on the job as long as she is able to perform the work. The employer must hold open a job for a pregnancy-related absence as long as jobs are normally held open for workers on sick or disability leave. The Pregnancy Discrimination Act also bans the employer from terminating, demoting or disciplining a worker because of her pregnancy.

If you think you have been discriminated against because of pregnancy, you may file a complaint with the U.S. Equal Opportunity Commission by calling 800-669-4000 for more information (800-669-6820 for the hearing impaired).

You also can find helpful information on the following sites:

Facts About Pregnancy Discrimination, a fact sheet from the U.S. Equal Employment Opportunity Commission.

Factsheet: Your Rights During Pregnancy and Childbirth, information about the rights of pregnant women on AFSCME’s website.

Pregnancy Discrimination Charges, a chart showing pregnancy discrimination charges filed with the U.S. Equal Employment Opportunity Commission and state and local Fair Employment Practices agencies, and how they were resolved.

Prepared by the AFL-CIO, www.aflcio.org/

Gender

No one should be typecast into —or out of— a job or profession because of gender.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sex by a private employer, state or local government or educational institution with 15 or more employees for 20 or more weeks a year.

The best way to resolve issues on the job is to have an airline workers union. For airline employees who are members of an airline workers union, simply contact your shop steward. An airline workers union shop steward can help you file charges.

If you think you have been discriminated against because of your gender, you may file employment discrimination charges as an individual or as part of a group (known as “class action”) with the Equal Employment Opportunity Commission. The charges must be filed on an EEOC form within 180 days of the alleged discriminatory act. Federal employees must file discrimination charges within their own agency.

You can file a charge by calling the EEOC at 800-669-4000 for more information (800-669-6820 for the hearing impaired). All charges must include:

  • Your name, address and telephone number.
  • Your job title.
  • A brief description of the problem.
  • When the incident(s) occurred.
  • The type of discrimination you encountered.

For more information, visit the EEOC question-and-answer page about discrimination.

The National Committee on Pay Equity website with pay equity information and action steps.

The Institute for Women’s Policy Research and The Coalition of Labor Union Women sites have information, links and resources of interest to working women.

EQUAL PAY HAS BEEN THE LAW SINCE 1963.

But today, nearly a half century later, women are still paid less than men — even with similar education, skills and experience.

In 2007, women were paid only 77 cents for every dollar a man is paid, according to the U.S. Census Bureau. Economist Evelyn Murphy, president and founder of The WAGE Project, estimates the wage gap costs the average full-time U.S. woman worker between $700,000 and $2 million over the course of her work life.

These figures are even worse for women of color. African American women earn only 72 cents and Latinas 60 cents for every dollar that men earn. Asian American and Pacific Islander American women earn less, too. Their pay inequality is less severe than for women as a whole, but they still earned only 88 cents for every dollar that men earned in 2000.

To make matters worse, the U.S. Supreme Court has made it harder for women to prove they are the victims of pay inequality. The High Court ruled in May 2007 that women who believe they are being denied equal pay must file suit within 180 days after the discrimination occurs.

In a strong dissent, Justice Ruth Bader Ginsburg, the only woman on the court, said the majority opinion “overlooks common characteristics of pay discrimination.”

When women get equal pay, their family incomes rise and the whole family benefits. Equal pay helps men, too.

Prepared by the AFL-CIO, www.aflcio.org/