Voices for Justice

Discrimination in the workplace is illegal! Title VII of the Civil Rights Act is the federal law that protects workers against discrimination based on race, color, religion, sex and national origin. This law protects people working in a place with 15 or more employees, but some exceptions do apply. You should contact our office or a lawyer in your state to find out if you are covered by the law.

It is illegal to discriminate against someone for one of the reasons listed above. There are many ways employers can illegally discriminate against someone. Some of these ways are: in the hiring and firing, job assignments or employee classification, in compensation or other terms and conditions of employment. The terms and conditions of employment include such things as opportunity for advancement/promotion, work rules, and other benefits like retirement plans.

In addition to Title VII, there are other laws that protect workers against discrimination based on their age or disability.

The Equal Employment Opportunity Commission (EEOC) is the federal government's agency that protects workers from employment discrimination. If you feel you are being discriminated against, call our office and we can help you find the EEOC office near you. You must usually make a complaint with the EEOC within 180 days of the discriminatory act. It is important to file a charge of discrimination as soon as possible to ensure that you are covered by the law.

The federal law applies in the whole country, but some states also have laws that protect against discrimination. These laws might protect you if you work in a company with fewer than 15 people. They may also prohibit discrimination for other reasons, like marital status or political affiliation. If a state has an anti-discrimination law, an individual may have 300 days to file a charge with the EEOC if they first file a complaint with an authorized state agency. A person may also have a longer filing time to make a complaint with the state agency under the state law. In addition, some states allow a person to file a case directly in state court without first having to file a charge of discrimination.

Consult with a lawyer in your state if you think that you have been discriminated against to learn more about the state laws where you live and all other information about filing a discrimination complaint.

Sexual harassment is any unwelcome sexual act against an employee. This treatment can make you uncomfortable and afraid. A man or a woman may suffer from sexual harassment committed by a coworker, supervisor, or boss. A person of the same sex or opposite sex may commit sexual harassment. Often workers fear that they will lose their job, earn less money, or be mistreated if they complain. It is against the law for an employer to retaliate against an employee for rejecting sexual harassment or for filing a sexual harassment complaint (see page 18 for more information on retaliation). The following is a list of some of the behaviors that can constitute sexual harassment:

• Unwelcome touching;
   
• Vulgar remarks;
   
• Requests or demands for sex;
   
• Promises of job benefits based on sexual favors;
   
• Threats of firing for rejecting sexual demands or requests;
   
• Sexual Assault

What should I do if someone sexually harasses me?
Tell the harasser NO and that the actions are not welcome.

• Keep records of the date and the type of harassment when it happens (you can use the notes section in the back of this booklet).
   
• Report it to your bosses (or the person named in the company policy) using the company's internal complaint process.
   
• If there is no complaint process, you should still report the harassment to your supervisor (or someone else with authority at the company) and to federal, state, or local offices that protect employees from discrimination. You can call our office to get the phone numbers for an office near you.
   
• If you are the victim of a crime, like rape, notify the police as soon as possible.

Guadalupe
When Guadalupe began having problems with her supervisor where she was working, she felt she did not have anywhere to turn. The supervisor would say sexual things to her and ask her to have sex with him. He would kiss her and touch her against her wishes. His treatment got worse and worse, until he even became violent and threatened her at knife-point. She was scared and did not know what to do. As far as she knew, the company did not have a process that she could use to file a complaint about sexual harassment. She is from Mexico and did not know a lot about US law. She did not know how to make her supervisor stop, and she could not work under such terrible conditions. Eventually she left her job because she felt she had no other choice. When she learned about her legal rights, she filed a complaint for sexual harassment with the Equal Employment Opportunity Commission (EEOC). After the agency investigation, she sued the company in court. Eventually, she reached a confidential settlement with the company, and believes that the company will treat other women better in the future, as a result of her case.

The Equal Pay Act (EPA), an amendment to the Fair Labor Standards Act, requires that employers pay equal pay for equal work regardless of your gender. The law was created to protect women, but it also protects men against pay discrimination.

Under the law, work is "equal" if there is the same:

• Skill or use of practical knowledge
   
• Effort
   
• Responsibility
   
• Working conditions, including danger, temperature, ventilation, etc.

Under the law, "pay" includes salary, overtime, bonuses, and vacation pay. It is legal for people of different sexes to earn unequal pay if the work is not equal. For example, it is legal for a company to pay differently if one person has seniority over the other, one person has better quality or quantity of production, one person is paid more based on merit, or if there is another valid reason that has nothing to do with the person's gender.

A company can not retaliate against you for making a complaint for violations of the EPA. Also, if there is a complaint that women are being paid less than men for equal work, the company can not lower the men's pay to comply with this law.

Some exceptions apply to the types of employers who are covered and the number of employees needed to make a claim under the EPA. If you believe that you were not paid equally for equal work, you may have various options. You can file a lawsuit directly in court within a specific time or you can choose to file a complaint with the Equal Employment Opportunity Commission. Contact our office or a lawyer in your area to learn more about the deadline for filing a lawsuit, making a discrimination complaint, or other information about your rights.

You have the right to reject discriminatory treatment or conditions and to complain about discrimination in your workplace. Title VII of the Civil Rights Act makes it illegal to retaliate against those who assert their rights under the law by rejecting discrimination or making a complaint of discrimination with the company or an anti-discrimination agency.

Despite the law, employers sometimes do retaliate against workers who assert their legal rights. Retaliation can take many forms. Firing a worker, reducing their work hours or pay, or refusing to rehire a worker all can constitute illegal retaliation.

Workers sometimes experience retaliation not only for complaining themselves, but also when they serve as witnesses in someone else's case, and even for being related to someone else who made a discrimination complaint. All of these forms of retaliation are illegal.

If you believe that you have been retaliated against, you have the right to file a charge of discrimination with the EEOC. You should contact the EEOC or an attorney in your state as soon as possible if you feel that you were retaliated against.

You should not receive less than the minimum federal wage per hour.

This is the law in the whole country, but there are a few exceptions. You can contact a lawyer to find out more about the exceptions.

It does not matter if you are paid by piece rate or by quantity. It does not matter if you do not have papers. Your employer always has to pay you the federal minimum wage per hour of work. In some states, the minimum wage may be higher than the federal minimum wage. You should consult with a lawyer in your state to determine the state minimum wage. If the state minimum wage is lower than the federal minimum wage, the company must still follow the federal minimum wage.

You have the right to a clean and safe work place. Agriculture employers should provide and maintain a bathroom near the work site. The employer should provide a place where you can wash your hands after using pesticides and to drink clean water in disposable cups. It is very important to drink a lot of fluids during the workday.

Most states require certain employers to have workers' compensation insurance. If you are injured at work, workers' compensation, or "workers' comp," will pay for your medical expenses, a portion of your wages while you are recovering and a final lump sum payment if you are permanently disabled. If an employer has insurance, all employees are eligible for workers' compensation regardless of how long they have worked with that employer and regardless of their immigration status.

If you are injured at work, follow these five steps:

• Report the accident, injury or illness to your supervisor. It is best to do this immediately. Different states have different time limits for when an injury must be reported.
   
• Write down the names of all witnesses, including their addresses and telephone numbers if you can get this information.
   
• See a doctor immediately. In some states you have the right to choose your own doctor, but in other states you must select a doctor from a pre-approved network.
   
• Take notes for yourself after the accident, injury or illness occurred. Write down exactly what happened, who was present, how your supervisor responded, and what actions you took.
   
• Contact a local workers' center, your union representative, or a qualified workers' compensation attorney in your area.

Your rights under workers' compensation vary from state to state. You should consult a workers' center, qualified workers' compensation attorney or a union representative to find our more about your rights when you are injured at work.

Ernestina and Silvia
The poultry plant in Morristown, TN, where Ernestina and Silvia worked had a lot of problems. Pay was low and work conditions were hard. Workers weren't allowed to use the bathroom during their shift. The line that moved the chickens through the plant was too fast and there were many accidents. Most of the workers are immigrants from Mexico, and they asked a union to come and advise them about their rights. At the first meeting, Ernestina and Silvia volunteered to join the union organizing committee. Their courage motivated other workers to stand with the union and not to be intimidated. They worked hard to convince workers and other community members to support the union, speaking out at local churches and community events. Their efforts paid off and workers voted by 97% for the union. They also organized a group of workers to file complaints with the state occupational health and safety agency because of the dangerous conditions. The plant was fined thousands of dollars and issued 7 citations for serious health and safety violations. Conditions at the plant have changed so dramatically that the plant even closed in honor of the pro-immigrant rallies held on May 1, 2006.

Human trafficking is a form of modern day slavery. Women, men, and children can be victims of human trafficking.

People experience human trafficking in different ways. Sometimes a trafficker makes false promises to a person about a good job, marriage or better opportunities. Later the trafficker does not follow through on these promises and forces the person to do other work, like prostitution.

Sometimes coyotes or bosses force workers to work to pay off debts and threaten them with violence, the police, or immigration. In some instances, victims of human trafficking are abducted or they are sold by a coyote to another individual.

Signs of human trafficking:

• You are forced to work to pay off a debt;
   
• You are forced to work through threats of violence, deportation, or jail;
   
• You are forced to prostitute yourself or to engage in pornography;
   
• You are forced to have sex or suffer from physical abuse;
   
• You are physically confined or have no freedom to change jobs or to move freely;
   
• You are isolated from other people or are hidden from other community members;
   
• Your personal identification documents are taken from you;

Some trafficking victims might be able to apply for the T-Visa (Trafficking Visa) through the Victims of Trafficking Prevention Act of 2000. Trafficking victims may qualify for other services and assistance as well.

Rosa
When Rosa first heard about an opportunity to come and work in the US, she didn't want to leave her family in Oaxaca, Mexico. Then she was told that she would earn in a few months in the US what it took her years to earn in Mexico. She began making plans to leave. The coyote charged her a lot of money to get her across the border and told her that she would pay him back when she was earning good money in the US. After walking across the desert, she and others were taken to a house where they were locked inside for several days. Someone was watching over them at all times to make sure they didn't escape. After she was transported to Georgia to work at a tomato farm, the coyote told her that the price had gone up and she owed him more money. Even though she worked very hard, she couldn't pay him back. Most of the money she earned went only to pay her debt. They worked long hours. The coyote and his associates carried weapons and threatened Rosa and the other workers to make them work harder and to keep them there. Rosa and other workers finally escaped from the farm. What Rosa experienced is called human trafficking and it is illegal. She has helped the government investigate these crimes and has obtained work authorization through a T-visa.