KNOW YOUR RIGHTS

You have the right to equal employment opportunities.You have the right to the same job opportunities from the union hiring hall as male workers.You have the right to be equally considered for promotions if you are qualified for the position.

Title VII of the federal Civil Rights Act of 1964 prohibits discrimination in the workplace because of sex, race, religion, color, and national origin.Depending on what state you live in, you may also have state laws that protect your rights on the job.

Examples of Problems Tradeswomen Face:

Getting A Job

• You can’t find an apprenticeship program to take you.

• You put your name on the hiring list, but the men on the list get sent out first. Or, men who aren’t on the list get sent out before anyone on the list.

• You put your name on the hiring list, but a man who comes in after you gets sent out first.

• Men get jobs just by calling in, whereas you have to wait at the hiring hall.

• You get sent out to a job but the employer says he doesn’t want you (exercises his “right of first refusal”) and sends you back to the hiring hall. The hall sends a man out to the same employer, and gets the job.

• The job site says, “We’re not hiring,” even though it’s listed as hiring.

Keeping A Job, Getting Promoted

• You get laid off, though male workers hired later than you continue to work. Or, you’re given only 2 hours of work per day, when male workers are getting full days’ work.

• You’re assigned the “clean-up” jobs or told you can only work as the “flagman.” Later, you have trouble making journey status because you haven’t developed your skills.

• You never see any women promoted to foreman, or crew chief.

• You express interest in promotion, but no one explains the process to you.

• The promotion process is subjective rather than based on written rules regarding qualifications for promotion, and the process seems to favor men over women.

Staying Sane: Creating A Harassment-Free Zone

Sex or gender harassment is a type of sex discrimination. Harassment takes two forms on the job site. “Sex harassment” includes unwelcome, offensive touching, unwelcome sexual comments, and pornographic pictures on the walls or other unwelcome visual conduct. “Gender harassment” is treatment you receive that isn’t about sex or sexuality, but you feel singled out for bad treatment because you are a woman. Both sex harassment and gender harassment are illegal. Here are some examples of gender harassment.

• You are the only woman on your job site.No other women workers are available to show you the ropes.

• You hear this: “I don’t work for girls.”

• Your tools are missing, or are broken.Your locker is broken into.The male workers on the job site don’t seem to have this problem.

• The job site has inadequate bathroom facilities for women: the portable toilets may have only half walls, or the women’s bathroom is much farther away than the men’s.

• You face life-threatening situations on the job: other workers drop things on you, rig your equipment so it’s dangerous, etc.

• You report an incident of sex discrimination and you are then fired or demoted, or your pay is cut.You find yourself blackballed from other job sites.

• You are treated more harshly than men are for mistakes or errors.

What You Can Do About Sex Discrimination 

It might seem hard to try to do something about sex discrimination and harassment, especially if you don’t have much money or don’t know where to go for help.It is important to remember that there are several ways to deal with sex discrimination. Each situation is different and may need different things to be done. Legal action is not always necessary.

Write Down What Happened

As soon as you experience any form of sex discrimination, start keeping notes.Write down dates, places, times, and possible witnesses to what happened. If possible, ask your co-workers to write down what they saw or heard, especially if the same thing is happening to them. Remember, however, that others may (and probably will) read this written record at some point. It is a good idea to keep the record at home or in some other safe place.Keep a small notebook that will fit on your toolbelt.

Start A Paper Trail

When you complain to your supervisor, do it in writing. Describe the problem and how you want it fixed. This creates a written record of when you complained and what happened when you did.Keep copies of everything you send and receive from your employer.

Review Your Personnel File

It is your right to see your personnel file. If you work for a private employer in certain states, including California, you have the right to request and receive copies of everything in your file that you have signed. Ask the human resources representative or your union representative about how to review your personnel file.

Review Your Collective Bargaining Agreement or Company’s Anti-Discrimination Policy

What policies are in place to protect workers against discrimination and harassment? What grievance procedures should you follow, and how long do you have to file your grievance? Ask your union representative or other union members how to get a copy of your collective bargaining agreement.Ask a human resources representative how to get a copy of your company’s policy. If your collective bargaining agreement doesn’t have an anti-sex discrimination policy, or if the policy is not being followed, write a formal letter of complaint to the job’s Equal Opportunity Officer.

Use the Grievance Procedure at Work

If your collective bargaining agreement or employer has a policy for dealing with sex discrimination and sex harassment complaints, follow that procedure. You may be able to resolve the problem without going anywhere else.Pay attention to deadlines for filing grievances.

Involve Your Union

If you belong to a union, you should file a formal complaint through the union. Ask a shop steward or other union official to help you work through the grievance process.

File a Discrimination Complaint with a Government Agency

If you want to file a lawsuit in federal or state court, you must first file a formal complaint of discrimination with the federal Equal Employment Opportunity Commission (EEOC) and/or your state’s fair employment agency (in California, this is the Department of Fair Employment and Housing). (See ñResourcesî section for contact information.) If you are a federal employee, follow federal guidelines on how to lodge a discrimination complaint. You can obtain these guidelines from the Federal Labor Relations Authority at (202) 482-6600.

Do Not Miss Deadlines with the EEOC or Other Government Agencies!

Do not delay in filing a complaint with your employer! If you start to feel that your employer’s process for dealing with the discrimination may not help you, don’t wait to file a formal complaint. This is very important!You cannot bring a lawsuit against your employer unless you have first filed a complaint of discrimination with the EEOC or your state fair employment agency.

Under federal law in California, you have 300 days from an act of discrimination to file a complaint.Under federal law in other states, you may have only 180 days to file a complaint.It is important to check with the EEOC or a legal organization to find out the time limits. Call Equal Rights Advocates or a lawyer to find out what you need to do and when.

Under California law, you have one year from an act of discrimination to file a complaint for discrimination. The deadlines under other states’ laws differ. Call Equal Rights Advocates or a lawyer to find out what to do and when.

File a Lawsuit

After you file a complaint with the EEOC or your state’s fair employment agency, you can also consider filing a lawsuit. You can sue for money damages, to get your job back, and you can also ask the court to make your employer change its practices to prevent future discrimination from occurring.

Who to Call for Help

Your local tradeswomen’s organization.To find a group in your area, visit www.TradeswomenNow.org.

Equal Rights Advocates: Offers legal advice and counseling for women who face discrimination at work or at school.All calls are confidential. Call (800) 839-4372.

The Legal Aid Society—Employment Law Center: Through direct services, impact litigation, and advocacy, the LAS-ELC focuses on employment issues arising from a changing society and diverse workforce, with a special emphasis on low-income and disadvantaged workers. Call (415) 864-8848.

Equal Employment Opportunity Commission (EEOC): Federal agency that investigates employees’ complaints of discrimination. Call (800) 669-4000 for the phone number of an office near you.

CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING (DFEH): State agency that investigates employees’ complaints of discrimination; look in the state government pages of your phone book under “Human Rights Commission” or “Equal Employment” to find your state’s agency.

Tradeswomen “Know Your Rights” Brochure prepared by Equal Rights Advocates and the Employment Law Center.

Disclaimer:
The materials contained on this website have been prepared by Equal Rights Advocates, Inc. for informational purposes only and are not legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel.