Disabilities

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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
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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.

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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.

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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

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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..
• 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.

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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

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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
• 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.

• 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

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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

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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.

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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

• 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.