Sexual Orientation

Mar 7, 2015 | Organizing | 0 comments

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/

Sexual Harassment

Mar 7, 2015 | Organizing | 0 comments

Sexual harassment is illegal and no worker has to tolerate it. In 1986, the U.S. Supreme Court recognized sexual harassment as a form of illegal sex discrimination.

Sexual harassment is unwanted verbal or physical conduct of a sexual nature when:

• You must submit to this behavior to keep your job or to get a promotion, a good job assignment or some other job benefit; or
• This behavior unreasonably interferes with your work performance or creates an intimidating, hostile or offensive working environment.

Examples of sexual harassment include pressure for sexual favors; pornographic material left on your desk or work area; touching, “goosing,” patting, hugging; leaning against; leering, whistling, catcalls or howling; using demeaning terms such as “sweetheart,” babe” or “honey”; sexual teasing and jokes; posting cartoons, posters or drawings of a sexual or insulting nature; asking personal questions, telling lies or spreading rumors about your social or sex life; making sexual remarks or gestures; and actual or attempted sexual assault.

An employer has the legal responsibility to investigate sexual harassment complaints and to take appropriate actions to end the harassment and make sure it doesn’t happen again.

You are not required to complain to the person who is harassing you. But you should make sure that you, your Union if you have one or someone you designate lets management know about your complaint. You also should keep a written record of the harassment incidents and evidence of your job performance. If your employer has an internal complaint procedure, you are required to use it.

If you have been the victim of sexual harassment and discrimination, you may choose to find recourse in legal action.

If you think you have been sexually harassed, 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 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 can file a charge in person, by mail or 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 or incidents occurred.
• And the type of discrimination you encountered.

For more information, visit the EEOC question-and-answer page about discrimination, as well as these helpful sites:

What to Do if You or Someone You Know is Sexually Harassed from the Feminist Majority Foundation website.
U.S. Department of Education Sexual Harassment Guidance, covering sexual harassment in education programs.

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