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/

Family Medical Leave

When you have a newborn or newly adopted baby, or when a loved one is seriously ill, your most important job may be at home rather than at work.

The federal Family and Medical Leave Act of 1993 provides workers up to 12 weeks of unpaid and job-protected leave for certain family and medical reasons. The FMLA applies to all private-sector employers with 50 or more workers and to all public agencies—state, local and federal.

To be eligible for leave under the act, a worker must have worked for the same covered employer for a total of 12 months, and must also have worked for a total of 1,250 hours or more in the previous 12 months.

You may take leave for the birth and care of a newborn; for adoption or foster care of a child; to care for an immediate family member (spouse, child or parent) with a serious health condition; or for your own serious health condition. If you qualify for FMLA, your employer cannot fire you for taking leave.

If you think you have been denied FMLA leave, or if you think your employer has violated the act, you may file a complaint by contacting the nearest office of the Wage and Hour Division of the U.S. Department of Labor. The complaint may be filed in person, by letter or by telephone, but it also must be made in writing. There is a two-year statute of limitations—three years if the violation was willful.

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 write up a complaint and present it to management.

You can also find more information at:

The AFL-CIO website, with information about Bargaining for Family Leave and expanding the Family and Medical Leave Act.
The Institute for Women’s Policy Research for statistics and research about many issues of concern to women.

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

Disability

America has made great progress in recent years in removing the artificial barriers that can prevent people with disabilities from achieving economic self-sufficiency and participating fully in our society. But progress can’t be taken for granted, and too many of these barriers remain.

The Americans With Disabilities Act (ADA), passed in 1990, prohibits discrimination against people with disabilities in employment and public services, public and private transportation, public accommodations and telecommunication services. The ADA covers private employers with 15 or more employees, employment agencies and all levels of government.

A person has a disability for the purposes of the ADA if he or she has a physical or mental impairment that substantially limits major life activities, a record of such impairment or is regarded as having a condition people would mistakenly perceive as limiting, such as disfigurement. The ADA does not cover people with temporary disabilities, minor illnesses or active drug users or alcoholics.

The ADA requires employers to make reasonable accommodations to enable an otherwise qualified person with a disability to do his or her job.

If you think you are a victim of ADA-covered discrimination:

  • Keep a written record of incidents, including a description of the discrimination, what was said, time and place and witnesses.
  • Check with others in your workplace who might also be victims.
  • 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 write up a complaint and present it to management.

You may also file a complaint with the U.S. Equal Opportunity Commission, as an individual or part of a group (known as “class action”). The charges must be filed on an EEOC form within 180 days of the alleged discriminatory act. You can file a charge by calling 800-669-4000 for more information (800-669-6820 for the hearing impaired). Your complaint 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

EEOC question-and-answer page about discrimination. For great links sites, visit:

ADA Information Center with introductory-level and detailed information links, as well as useful business sites.

Americans With Disabilities Act Information on the Web listing from the U.S. Department of Justice.

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

Age Discrimination

As we age, we accumulate experience that can make us even more valuable at work. But that’s not how many employers see it. It’s not unusual for older workers to encounter age discrimination that makes it harder to get hired, promoted and treated fairly.

The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 or older from employment discrimination based on age. The ADEA’s protections apply to both employees and job applicants. Under the ADEA, employment discrimination based on age—in hiring, firing, promotions, layoffs, compensation, benefits, job assignments, training and more—is unlawful. It’s also unlawful to retaliate against an individual for opposing age discrimination practices or for filing an age discrimination charge, testifying or participating in an ADEA case.

The ADEA applies to employers with 20 or more employees, including state, local and federal government, private employers and employment agencies.

If you think you’ve been discriminated against, write down a detailed account of the events, including date, time, place, comments and witnesses. If you are not a member of an airline workers union, inform the personnel manager of your complaint.

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 write up a complaint and present it to management.

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.

Many states and cities also have fair employment practices agencies. In most states, a state or local agency investigates discrimination cases first and tries to work them out on the local level.

For more facts about age discrimination, how to fight it and what to do if you think you are a victim, check these sites:

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