Who is protected from discrimination? Can anyone, just going about the performance of their duties, be fired for something that has nothing to do with how well the work is performed?
The short answer? In many places, yes.
The longer answer is, it depends. There are many groups and characteristics that State and Federal governments consider to be "protected classes" and discrimination against, or harassment of, people who belong to those classes is against the law. These include Age, Disability, Race/Color, Religion (for purposes of the law, atheism
is a protected "religion"), National Origin. But beyond those groups, laws do vary. Federal, State, and even local ordinance can all cover different groups differently. And as society changes so does the concept of who should be protected from discrimination.
This gets confusing.
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Cartoon by Dan Allison |
That's where Unions can help. The contract, or Collective Bargaining Agreement, requires an emp
loyer to spell out -- either in the contract or in other documented policies -- what is a firing offense and what steps MUST be followed before an employee can be fired. This helps prevent someone being fired for being the "wrong" kind of employee. The Union can help in determining if the Company is doing enough to protect someone from discrimination and help the employee in determining if discrimination might be going on. For example, one of the protected classes is age (the one class we will ALL move into if we stay on the job long enough). But not everyone can claim to be discriminated against because of their age. For example, companies can put in restrictions if the job is "Hazardous." And young people aren't considered to be "protected." According to the State of Wisconsin: "the law doesn't protect persons less than 40 years of age. Though questionable and perhaps unfair to younger workers, an employer can legally give a hiring "preference" to older workers." Enlisting the help of a Union steward if you feel you might be facing discrimination can help clarify for everyone if there is a possible violation of the contract, or even the law. It's important to realize that there are two different factors at play when discrimination is alleged. One is the legal aspect. Discriminating against someone because of age, or race, or sex, or religion (or lack thereof), or any of the other protected classes is a legal offense. The Union can suggest attorneys, can put the employee into contact with someone who can discuss the merits of the case from a legal standpoint. The officers and stewards of the union are NOT attorneys and don't try to give legal advice. But we do work with attorneys and have put members in contact with legal professionals who are in a better position to judge the legal merits of a case.
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photo by DeGust |
The other aspect is the Union/worker/employer factor. Did they employer act in violation of the contract, past practice, or documented procedure in how the employee was treated? The Union can investigate that question, file a grievance, and do a number of things to push the employer to make the employee "whole" if there has been a violation of the contract resulting in loss of promotion or job because of discrimination. As we continue to look into the review issue at CMFG there has been questions asked by members to see if age might have been a factor in any of those suddenly finding themselves with bad reviews.
For any employee facing this situation, the approach is the same: Document everything, and if you think that your CAP or review was based on something about YOU that your manager doesn't like (as opposed to your actions) such as age, gender, orientation or identity (in Dane County or Milwaukee) then be sure to document that, as well. You can change and improve what you do. You can't change who you are or how old you are. And you do NOT have to.