Posts tagged Title VII of the Civil Rights Act
Commentary: NLRB v. EEOC: Damned if you fire, damned If you don’t
February 28, 2024 // The concern is not theoretical. The EEOC has told the NLRB not to be too lenient regarding hostile rhetoric. The EEOC argued in a 2019 amicus brief, in a case called General Motors v. Robison that “[E]mployers must address racist or sexist conduct that violates Title VII [of the Civil Rights Act of 1964], and may need to do so even before the conduct becomes actionable in order to avoid liability for negligence … the EEOC urges the NLRB to consider a standard that permits employers to address such conduct, including by disciplining employees, as appropriate.” The case involved a worker directing racially charged language at a supervisor. In short, companies can find themselves trapped in a damned-if-you-fire, damned-if-you-don’t situation between two powerful regulatory agencies. Because regulators are supposed to issue clear rules of behavior, this is troubling. Businesses can’t follow the rules if they can’t know what the rules are. The public is entitled to have agencies require mutually consistent standards of behavior before they start enforcing them on the rest of us.
Teamsters Union Local #455 Settles EEOC Sexual Harassment Case
July 14, 2023 // After first attempting to reach a pre-litigation settlement through its conciliation process, the EEOC filed suit in U.S. District Court for the District of Colorado (Equal Employment Opportunity Commission v. Teamsters Local Union #455, Civil Action No.: 1:22-cv-2520-DDD-KLM), alleging that the union, through its agent, had violated Title VII of the Civil Rights Act of 1964, which prohibits sexual harassment in the workplace. Under the consent decree resolving the suit, Teamsters Local #455 will review and update its anti-discrimination policies to include a strong and clear commitment to preventing unlawful sex discrimination (including sexual harassment). The union will also provide training to its officers, agents, and employees, and will post an informational flyer about workplace sex harassment at its Colorado office locations and on union bulletin boards at employer business locations where members of Local #455 are employed.
Oregon Education Association Just the Latest Teachers’ Union to Impose Racially Discriminatory Policies
June 15, 2023 // On April 30, OEA’s board of directors discussed a so-called “progressive dues structure for BIPOC (black, indigenous and people of color) members,” according to meeting minutes. This scheme would include a “significant discount for educators until the racial breakdown of our membership aligns with the racial breakdown of our student population.”