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Thank You to Outten and Golden

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Outten and Golden, LLP, a law firm dedicated to employees’ rights, is sponsoring an upcoming event for Workplace Fairness. 

Next week, Workplace Fairness is hosting a panel event on climate change and workers’ safety. From 3 to 4 p.m. on August 31, the online panel will discuss the negative impact the global climate crisis has on workers, specifically people of color and workers earning low wages. 

Outten and Golden’s sponsorship helps make Workplace Fairness’ events possible, furthering workers’ interests. Wayne Outten, the president of Outten and Golden, co-founded Workplace Fairness and is currently its board chair. Outten voiced his support for the upcoming event.

“Outten and Golden has long supported Workplace Fairness and its mission of educating workers about their rights and of advocating for the rights of workers,” Outten said. “This program is a good example of such education and advocacy.”

Anyone interested in attending the upcoming panel event may register for it here. Workplace Fairness also greatly appreciates donations.

Workplace Fairness thanks Outten and Golden for its continued support. Sponsorships like these further Workplace Fairness’ efforts to advocate for workers’ rights.  


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Every Boss Has a Weak Spot. Find and Use It.

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Steel production in the late 1800s used to require one crucial step: a 20-minute process called the “blow” that removed impurities, strengthening the metal. It was not unheard of for union members to go to the supervisor at the start of the blow and demand that some important grievance be resolved.

According to old-timers, it was amazing what the company could accomplish in those 20 minutes. These workers had found their employer’s vulnerability — and they used it to make the workplace safer and more humane.

Think about where your employer is vulnerable. For some companies it might be their logo or their image, which they have spent millions of dollars cultivating. For others it might be a bottleneck in the production process, or a weakness in their just-in-time inventory system.

Whistle While You Work

At a Fortune 500 truck factory, supervisors were ruthless and degrading. Discipline was arbitrary and unjust. At the monthly union meeting one worker noted that they were all being “railroaded.”

A few weeks later, 2,000 plastic whistles shaped like locomotives arrived at the local. The instructions were simple: whenever you can see a supervisor on the shop floor, blow your whistle.

At first, whistles were going off all over. But by the morning break the plant floor was quiet. Not a single supervisor dared to show his face.

The next day in contract bargaining, the employer refused to bargain until the whistles were removed. The bargaining team noted the company’s statements on refusing to bargain, and asked for a break to go call the Labor Board.

Bargaining resumed immediately, with positive results.

Lunch to Rule

On a military base, aircraft maintenance workers would happily interrupt their lunch in order to deal with urgent problems. But in return they had an understanding that, once the problem was solved, they would go back to their sandwiches even though the lunch period had ended.

The situation was mutually acceptable for several years — until a new supervisor came along. We all know how that is. Had to prove himself. Show who’s boss. Etc.

Steve Eames, an international rep for the Boilermakers union, explained that the new supervisor insisted that workers take their lunch between 12:00 and 12:30, period.

“So the steward said, ‘Okay, we’ll play by the rules,’” Eames remembers. The maintenance workers had previously eaten at a lunch table in the work area. But now, when 12 o’clock came, they left and went to a fast-food restaurant on the base. For three or four days they all went as a group, leaving the shop unattended.

One day a plane came in during the half-hour lunch period. No one was there to help bring the plane in, or to check it out. The supervisor had to park the plane by himself.

“The boss went and talked to the steward, and the steward said, ‘That’s our time, we’re at lunch,’” said Eames. “‘You got what you wanted.’”

The workers went out for lunch for a couple more days, and then they ended what we might call “lunch to rule.” “They didn’t want to file a grievance,” says Eames, “because the company would have won on the basis of contract language.

“Without anything in writing, it went back to the way it had been before. It empowered the guys. It told the supervisor, we’ll be a little flexible if you’ll be flexible.”

Keep the Boss Off Balance

Managers like routine. They like to know that what happened yesterday will happen today and that no one is thinking too hard about it. You can make them nervous simply by doing something different, even something normal that would be unthreatening to the non-managerial mind. When they have to keep guessing where the next shot is coming from, you have the upper hand.

“The corporate culture is not a creative culture,” says Joe Fahey, a former Teamster leader, “and we need to look at that as an opportunity.

“I used to bargain with Smuckers,” Fahey recalls. “We decided to do things that would freak them out. Factory life is very predictable. The workers decided to take their breaks at the railroad tracks, instead of at the same table and the same bench that they did every day. It was easy for the workers to do, but it was scary for management. They are more easily scared than we realize.”

15-Minute Strike

Pennsylvania social workers figured out how to catch management off guard. During negotiations with the state, spokesman Ray Martinez said, “we wanted an activity that would irritate the boss, educate the public, and at the same time get the members psyched up. We decided that we would all take our 15-minute breaks at the same time.”

The union used its phone trees to call members at home. “At the agreed date and time,” Martinez says, “all of our members would get up and walk out of the office. This meant that clients in the office, phone calls, and so on would be placed on hold. In other words, all activity ceased.

“This served a couple of purposes. First, management and clients would get a feel for what it would be like without our services if we were to go on strike. Secondly, we, the members, would be outside of the worksite having outdoor shop meetings and updating the workers on the latest on the negotiations.

“While this was going on, we had picket signs asking drivers to honk their horns to show us their support. The beauty of it all was that this was perfectly legal, so there was nothing management could do.”

At the end of the 15-minute break, everybody went back inside and went back to work.

This blog originally appeared on July 28, 2022 at Labor Notes. Learn about workers’ rights and advocacy at Workplace Fairness.

About the Authors: Alexandra Bradbury, Jane Slaughter, and Mark Brenner are Labor Notes contributors. This article is excerpted from Labor Notes’ book, “Secrets of a Successful Organizer.”


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Inflation and Your Next Union Contract

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Samir Sonti

What’s going on with inflation? It’s a question that everyone is asking, and one that is particularly important for anyone entering bargaining this year.

We can’t predict what is to come, but the evidence from the past year hasn’t been good for workers. The Consumer Price Index rose by more than 8 percent, its fastest pace in 40 years. Essential expenses like housing, food, and gas have climbed especially fast.

Despite all the talk of labor shortages and a tight job market, wages have not kept pace with the cost of living. Since April 2021, inflation-adjusted hourly earnings have fallen by more than 2 percent. Any stimulus savings that people had accrued have largely dried up by now, and there is currently no plan for federal relief for working people facing the affordability crisis posed by historic inflation rates.

ENORMOUS PROFITS

Profits, on the other hand, have boomed. According to the Bureau of Economic Analysis, pre-tax corporate profits rose 25 percent in 2021, the largest annual increase in 45 years. Another recent study of 22 corporations including Amazon, McDonald’s, and Disney showed that their shareholders reaped $1.5 trillion in wealth during the first two years of the pandemic—almost triple their earnings in the two years prior.

Oil and gas companies, for their part, have made a fortune since the war in Ukraine began. The largest producers collected nearly $100 billion in profits in the first quarter of 2022 alone, some 127 percent more than last year.

These enormous profits help explain much of the increase in prices since the beginning of the pandemic. This is not to say that price gouging by big business caused the inflation in the first place. Pandemic disruptions in supply chains, as well as energy and food markets shocked by the Russian invasion of Ukraine, are at the root of the problem.

But corporate pricing decisions have certainly taken advantage of the inflationary environment, and probably made it worse. In any case, the bottom line when it comes to bargaining is that employers can afford to pay.

RECESSION COMING?

What is less clear is how long this profit bonanza is going to last. Walmart, Target, and other retailers reported lower-than-expected profits for the first quarter of 2022. This is largely due to the ongoing inflation; the rising cost of food, fuel, and housing has forced households to cut back on expenditures like TVs and patio furniture.

Of course, we don’t need to feel bad for Walmart and Target. But given that consumer spending is a key driver of economic activity, this could be a warning sign of an impending downturn.

And there is an even bigger reason to be concerned about the health of the economy over the next year or so: the Federal Reserve. As the central bank of the United States, its official mandate is to help the economy achieve stable prices (that is, low inflation) and maximum employment. When push comes to shove, however, central bankers tend to be more concerned about inflation than unemployment—and those two goals often run at cross purposes.

A quick look at the mechanics makes this clear. The Federal Reserve tries to accomplish its objectives by using monetary policy, or adjustment of interest rates—lowering interest rates to give the economy a boost, raising interest rates to slow it down.

Why would they want to slow the economy down? Their reasoning is that inflation is the byproduct of economic overheating, or “too much demand chasing too few goods.” From this perspective, high inflation calls for high interest rates, which in theory will bring “demand” back to where it should be.

Beneath all the technical terms and concepts, what this means is quite simple: the Federal Reserve fights inflation by engineering recessions and intentionally raising unemployment. Monetary policy, when used this way, is a blunt weapon of class war.

GET IT WHILE YOU CAN

Early this year, Federal Reserve Chair Jerome Powell announced plans to begin doing just that—raising interest rates and ending other Covid emergency monetary measures. Since then, Powell and other central bankers have only become more hawkish, increasing the pace and size of scheduled interest rate hikes.

In addition to being an objectively anti-worker policy, this approach is also plain wrong-headed: current inflation is the result of pandemic shut-downs and war in Ukraine, not the result of an overheated economy. Monetary policy will not do anything about the supply chain problems, food and energy market volatility, or corporate pricing decisions that are driving prices upward.

What this new monetary policy may do is produce a recession. This is where inflation and the Federal Reserve’s response becomes most relevant to those entering bargaining in the coming months.

Corporate America has just had one of its best runs on record. And thanks to federal aid, state and city governments are in a better financial position than any time in recent memory. But because of the Federal Reserve, conditions may not remain favorable for long. So there is every reason to take advantage of this opportunity to lock in the most that you possibly can before things take a turn for the worse.

THE FED’S CLASS WARFARE

It is also worth taking a moment to step back and consider inflation for what it is: an issue of class politics. Why is the Federal Reserve’s monetary policy the only tool on offer for controlling inflation? Why does the burden of inflation control fall on workers, and not on corporate shareholders?

What if we limited corporate profits and controlled the prices of key goods rather than suppressing wages—would businesses stop investing? Let’s say they did. If so, couldn’t the government step in and provide more goods and services publicly?

There are no correct technical answers to these questions. They can only be resolved politically, through struggle over the kind of society we hope to call into being.

This blog originally appeared at LaborNotes on July 8, 2022. Reprinted with permission.

About the Author: Author’s name is Samir Sonti. Samir teaches at the City University of New York School of Labor and Urban Studies.


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This Supreme Court also hates worker power

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Laura Clawson

This week, the Supreme Court gutted abortion rights. This is a workers’ issue, in a country where many struggle to afford an abortion and lack the paid leave needed to take multiple days off work to travel out of state for abortion access as state bans go into effect. The Economic Policy Institute’s Heidi Shierholz points out research showing that people who want but cannot get an abortion experience long-term financial consequences and increased poverty. Also highlighted here: The states where abortion bans are most likely are also states where wages and worker power are low.

The Supreme Court also essentially nullified states’ rights to limit permits to carry firearms, sending a signal that it would become more and more extremist on guns. This, too, is a workers’ issue, in a country where workplace shootings are all too common.

But make no mistake that this Supreme Court is also specifically opposed to workers’ rights and efforts to build worker power. Justice Samuel Alito may end his career most remembered for his spiteful opinion overturning Roe v. Wade, but he also has a long and equally spiteful track record of anti-union activism. As Jenny Hunter wrote at Balls and Strikes in 2021, “Alito’s ‘impartiality’ in cases about unions can not only ‘reasonably be questioned’; it simply does not exist. There is no doubt he will rule to limit workers’ collective power at every opportunity. The only question is how quickly he’ll upend the law in order to engineer his desired result.”

This month, the court gutted an important California workplace enforcement rule. Because, of course, Alito has company in his basic anti-worker stance. A lot of company on this Trump-packed court. Workers around the country are showing renewed interest in unions, but they will encounter a hostile Supreme Court for a generation or more, unless Democrats expand the court.

This is a blog that originally appeared on Daily Kos on June 25, 2022. Reprinted with permission.

About the author: Laura Clawson is the assistant managing editor for Daily Kos.

Visit Workplace Fairness’ page on unions to learn about them and your rights as an employee.


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VOTERS SUPPORT HOLDING CORPORATIONS ACCOUNTABLE FOR LABOR CONTRACTING ABUSES

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Recent polling confirms that voters who live in battleground districts overwhelmingly want their Congressional representatives to hold corporations accountable to the workers who build their business and their wealth. Voters want legislators to make it harder for companies to call workers “independent contractors”; they want lawmakers to discourage companies from contracting with temp and staffing agencies and shedding responsibility for their workers.

Between January 22 and February 1, 2021, Hart Research Associates polled voters in the nation’s 67 most competitive Congressional districts. Across political parties, regions, race, genders, age groups, education levels, and income levels, there is broad understanding that policymakers should address the rampant contracting out of jobs.

Fully 72% of voters are in favor of passing legislation that would “allow workers to hold lead companies legally responsible if their subcontractor fails to make Social Security, unemployment insurance, or workers’ compensation contributions, or fails to pay workers the wages they are owed according to prevailing minimum wage and overtime laws.” Both white voters (73%) and people of color (70%) support such legislation. Democrats especially favor such legislation (83% support), but both Independents (60%) and Republicans (66%) also endorse legislative action.

Seven in ten voters (70%) believe that eliminating permanent jobs and instead using workers from temporary or staffing agencies is a bad change in the workplace, with a third of voters regarding this as a very bad change.

And by a dramatic 40-point margin, 54% to 14%, voters think that businesses designating more workers as independent contractors, instead of hiring them as employees, is a bad change rather than a good change for the workplace. A strong majority (68%) of battleground voters favors legislation that would make it harder for companies to classify workers as independent contractors, including increasing the fees and penalties for companies that misclassify employees as independent contractors. Seventy-six percent of voters of color supported the new legislation; 66% of white voters also favored it, as did 79% of Biden voters and 58% of Trump voters.

NELP’s prior research shows that Black, Latinx, Asian/Pacific Islander, and Native American workers are overrepresented in misclassification-prone sectors, such as construction, trucking, delivery, home care, agricultural, personal care, ride-hail, and janitorial and building services, by over 36 percent; they constitute just over a third of workers overall, but between 55 and 86 percent of workers in home care, agricultural, personal care, and janitorial sectors.[1]

NELP’s results come on the heels of polling by McKinsey that finds that contract, freelance, and temporary workers would overwhelmingly prefer to have permanent employment. In particular, people of color stated a strong preference for stable jobs. Together, the two polls make clear that excluding certain workers from labor protections—exclusions that are rooted in white supremacy and segregation—has profound implications for racial justice.

The poll results make clear that lawmakers should resist efforts by Uber, Lyft, Doordash, Instacart, and others to gain special exemptions from foundational labor rights, both across the states and in intense lobbying to gain special exemptions from federal legislation known as the Protecting the Right to Organize (PRO) Act—which, if passed, would be the most consequential expansion of the right to organize that workers have seen in decades. These businesses and others that make up the misleadingly named “Coalition for Workforce Innovation” are attempting to convince lawmakers that workers prefer being relegated to second-class status. The polling data shows that these claims are false.

…people across the country are demanding that their elected representatives ensure that foundational labor rights apply to all people who work for a living, and that foundational obligations apply to businesses that contract out.

Instead, people across the country are demanding that their elected representatives ensure that foundational labor rights apply to all people who work for a living, and that foundational obligations apply to businesses that contract out. NELP applauds efforts by the Biden administrationCongressmembers, and policymakers in states and cities who are working towards this goal.

This blog originally appeared at NELP on June 15, 2021. Reprinted with permission.

About the Author: Rebecca Smith is the director of the Work Structures Portfolio at NELP. She joined NELP in 2000, after nearly 20 years advocating for migrant farm workers in Washington State.


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The Pandemic’s Impact on Workers and Looking Towards a Just Recovery

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NELP’s roadmap for a Just Recovery is based on our vision for bold structural change and on our fall 2020 survey of workers on the COVID frontlines, people who lost their jobs, and other community members seriously impacted by this disease and the failure of so many of our lawmakers and employers to properly address its dangers.

Our findings illustrated how structural racism created the pre-conditions for Black communities and other communities of color to suffer the most during the pandemic, from our health to our wallets.

It’s a disturbing picture, and one that public officials can only hope to address if they start listening to workers’ demands immediately.

Here were some of our major findings on the effects of the pandemic: 

  • 34% of Black workers had a claim for Unemployment Insurance, Pandemic Unemployment Assistance, or Pandemic Emergency Unemployment Compensation denied;
  • Covering rent, utility, credit card, student loan, medical, and living expenses got harder for a large share of U.S. households, particularly those of frontline workers and Black and Latinx workers;
  • A significant share of all workers, and a larger share of working Black and Indigenous people and other people of color, say that fear of employer retaliation would prevent them from refusing unsafe work;
  • Workers classified as independent contractors and workers employed by temporary help and staffing agencies were 2X as likely have lost income than other workers.

This blog originally appeared at NELP on March 18, 2021. Reprinted with permission.

About the Author: National Employment Law Project is a non-partisan, not-for-profit organization that conducts research and advocates on issues affecting underpaid and unemployed workers. 


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Comic Book Answers: Why Do Workers Need a New ‘Bill of Rights’?

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comic book developed by the North Carolina State AFL-CIO aims to answer the question of why we need a new “Bill of Rights” in this country to turn the tide of economic and societal forces back in favor of working people during the current pandemic and beyond.

The ‘Bill of Rights’ We Need Now More Than Ever

America’s labor movement continues to lead the response to the coronavirus pandemic and to fight for economic opportunity and social justice for all working people—including fighting for policies and principles that, had they been in place at the start of the current crisis, would have lessened the disruption to lives and livelihoods caused by COVID-19.

Back in 2017, at the national AFL-CIO convention in St. Louis, delegates passed Resolution 1: Workers’ Bill of Rights, which declares that all working people have the right to:

  • A good job with fair wages;
  • Quality health care;
  • A safe job;
  • Paid time off and flexible, predictable scheduling;
  • Freedom from discrimination;
  • To retire with dignity;
  • Education;
  • The freedom to join together; and
  • A voice in democracy.

With public approval of unions today near a 50-year high and with COVID-19 having exposed and even worsened preexisting and persistent structural racial and economic inequalities in the United States, now is the time for the labor movement to champion these essential rights and freedoms.

Introducing ‘The Workers’ Bill of Rights: A Comic Exploration’

In keeping with our commitment to promote the Workers’ Bill of Rights to a broad audience, we are thrilled to announce an exciting, new resource: The Workers’ Bill of Rights: A Comic Exploration, a comic book developed by the North Carolina State AFL-CIO.

The comic book, available in Spanish and English, both in print and online, comprises nine captivating and beautifully illustrated individual stories that explore the nine key components of the Workers’ Bill of Rights.

We must educate our members and the public on the need for a comprehensive bill of rights for all working people—Black, Brown and White; urban and rural—because we deserve better.

One job should be enough to make ends meet. Getting an education should not require mortgaging your future. No one should have to sacrifice their health or life to earn a paycheck.

Join us in this fight for better jobs and better lives for all working people!

Visit the comic book website to read The Workers’ Bill of Rights: A Comic Exploration.

Get involved by texting comic to 235246 to get your own digital copy of this publication or by emailing info@aflcionc.org to request a printed copy.

This post originally appeared at the North Carolina State AFL-CIO.

About the Author: North Carolina State AFL-CIO is the largest association of unions of working people in North Carolina, representing over a hundred thousand members, working together for good jobs, safe workplaces, workers’ rights, consumer protections, and quality public services on behalf of ALL working people.


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What a Just Transition Would Actually Mean for Workers

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just tran•si•tion

noun

1. A frame­work to address the liveli­hoods and needs of the work­ers and com­mu­ni­ties most impact­ed by the switch to renew­able ener­gy

“We want [a plan to] mobi­lize the econ­o­my in a way that tran­si­tions us off of fos­sil fuels in 11 years, but also pro­tects every sin­gle work­er [and] their abil­i­ty to have a job and health­care.” —Nicole Karsch, Sun­rise Move­ment Organizer

Where does this idea come from? 

The super­fi­cial con­flict between sav­ing the plan­et and sav­ing the econ­o­my has long dogged envi­ron­men­tal­ists, but the “way out,” accord­ing to U.S. labor leader Tony Maz­zoc­chi back in 1993, is to “make pro­vi­sion for the work­ers who lose their jobs in the wake of the country’s dras­ti­cal­ly need­ed envi­ron­men­tal cleanup.” Maz­zoc­chi, once vice pres­i­dent of the Oil, Chem­i­cal and Atom­ic Work­ers Inter­na­tion­al Union (lat­er absorbed into the Unit­ed Steel­work­ers), was respond­ing to chem­i­cal plant clo­sures and then-new Super­fund envi­ron­men­tal cleanup pro­grams. If there can be Super­fund for tox­ic dirt, the think­ing went, there should be one for work­ers. That vision of labor and envi­ron­men­tal­ists work­ing togeth­er is at the cen­ter of a “just transition.” 

Is a just tran­si­tion part of the Green New Deal? 

It should be! While Alexan­dria Ocasio-Cortez’s land­mark 2019 res­o­lu­tion includ­ed such mea­sures as a fed­er­al jobs guar­an­tee, it did not specif­i­cal­ly address fos­sil-fuel work­ers, leav­ing it open to crit­i­cism by union lead­ers. Bernie Sanders’ ver­sion, released lat­er that year, includ­ed up to five years of income replace­ment and free edu­ca­tion for dis­placed work­ers. Cli­mate groups, includ­ing the Sun­rise Move­ment, also advo­cate income guar­an­tees. These pro­vi­sions, mod­eled after the GI Bill, are an impor­tant step toward win­ning sup­port from labor. 

Giv­en how 2020 has gone so far, what are the odds we’ll get any­where near this? 

It may not sur­prise you that, for all his talk about coal coun­try, Pres­i­dent Don­ald Trump has not weighed in on what a just tran­si­tion would look like. The new Joe Biden cli­mate plan, more aggres­sive than his pri­ma­ry plat­form, at least leaves the con­ver­sa­tion open with the poten­tial to cre­ate mil­lions of new cli­mate jobs. States, too, can take action. Col­orado passed a ground­break­ing just tran­si­tion law in 2019 that guar­an­tees ben­e­fits and grants for for­mer coal work­ers and coal-depen­dent com­mu­ni­ties. It’s hard to imag­ine repli­cat­ing this vic­to­ry giv­en state bud­gets dur­ing the pan­dem­ic, but the pan­dem­ic also empha­sizes the impor­tance of a just tran­si­tion?—?as oil demand plum­mets and thou­sands of refin­ery work­ers may face immi­nent lay­offs nation­wide. The tran­si­tion is hap­pen­ing regard­less. The ques­tion is whether work­ers and com­mu­ni­ties will be left behind.

This is part of “The Big Idea,” a month­ly series offer­ing brief intro­duc­tions to pro­gres­sive the­o­ries, poli­cies, tools and strate­gies that can help us envi­sion a world beyond cap­i­tal­ism. For recent In These Times cov­er­age of a Just Tran­si­tion in action, see, “The Just Tran­si­tion for Coal Work­ers Can Start Now. Col­orado Is Show­ing How,” “Cli­mate Activists Can’t Afford to Ignore Labor. A Shut­tered Refin­ery in Philly Shows Why” and “This Cri­sis Can Be a Gate­way to Cli­mate Action. These Activists Are Show­ing How.”

This blog originally appeared at In These Times on September 25, 2020. Reprinted with permission.


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Five Reasonable Accommodations at Work

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With workplaces reopening in the wake of the Coronavirus pandemic, people with all types of disabilities are wondering if they can ask their employer for what they need.  Here are five common ADA accommodations and how the law has treated them.

The good news is that, with some thought, many of these adjustments will benefit everyone—creating a safer and more productive work environment.  Workplaces, like architecture, can be designed to minimize barriers. 

UNIVERSAL DESIGN: The design of products and environments to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design.

United States Access Board

1. Adjusted Work Times

Adjusting work hours can help people with many kinds of disabilities, and can cut down on workplace crowding.  If schedule adjustments are possible for the job, they are a reasonable accommodation. Even adjusting the schedule for a less crowded commute may be reasonable.[1] 

2. Adding Protective Equipment

Courts have said protective equipment—like masks and gloves—can be reasonable to keep people with disabilities on the job and safe, even if the employer generally does not provide or allow it.[2]  Many employees are asking to use their own equipment, and this is likely to be a reasonable request.  Indeed, usually the employer will have to provide reasonable protective equipment, or even modify the workspace. 

3. Fixing Mask Policies

On the other hand, some people with disabilities need adjustments to masks or other protective equipment that employers may want to mandate for all workers.  For deaf peoplepeople with sensory sensitivities or claustrophobia, and people with breathing impairments, for example, masks can be a problem. 

The key is to accomplish the goal of keeping everyone safe.  With some thought, that can be done in ways that work for everyone.

4. Work from Home

Many judges used to be skeptical when people with disabilities asked to work remotely.[3]  That law is changing fast.[4]  If the job can be done remotely, an employer should consider it. 

5. Temporary Leave

As a last resort, workers can simply ask to take time off.  Disability law usually doesn’t require pay during the leave, although other laws, insurance, or contracts may.   The key to a temporary leave request is to make it reasonable—clear communication and an expected time frame are important.  Employers have to be able to take care of business while the worker is out.

These are just a few examples—many other adjustments may be reasonable, depending on the situation. A couple more points:

Medical Documentation

Employers can ask for reasonable medical documentation.  Here is the EEOC’s guidance.

Interactive Process

The law calls for an “interactive process” when a worker requests an accommodation.  That means an employer must work with the employee to figure out what is possible.  It also means the employee must work with the employer—the law does not always require the employer to give the first accommodation requested. Now more than ever, let’s come together and find ways for all of us to get back to work.

Resources


[1] See, e.g., Lyons v. Legal Aid Soc‘y, 68 F.3d 1512, 1514 (2d Cir. 1995).

[2] See, e.g. Barry v. Illinois Dep’t of Corr., No. 114CV03199MMMTSH, 2019 WL 1083759, at *5 (C.D. Ill. Mar. 7, 2019).

[3] See, e.g. EEOC v. Ford Motor Co., 782 F.3d 753, 761 (6th Cir. 2015) (“[R]egularly attending work on-site is essential to most jobs.”).

[4] See, e.g. Masters v. Class Appraisal, Inc., No. 217CV11283LJMEAS, 2019 WL 4597365, at *8 (E.D. Mich. Sept. 23, 2019); Boltz v. United Process Controls, No. 1:16-CV-703, 2017 WL 2153921, at *10 (S.D. Ohio May 17, 2017).

This blog originally appeared at ADA Update on May 28, 2020. Reprinted with permission.

About the Author: Maia Goodell is a civil rights lawyer committed to community lawyering for people and organizations of people with disabilities.


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How Workplace Rights Could Change for Remote Workers

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Knowing your workplace rights protects you 

In every civil society, certain rights have been put in place to guarantee equity and fairness for all. The same goes for every workplace. Every employee has certain rights that they are entitled to that provide a safe and non-toxic environment where they can thrive and excel. These rights affect diverse aspects of workplace ethics in relation to the employee. This includes pay, health, safety, bullying at work, discrimination, entitlements, breaks, and much more.

As an employee, it is vital that you know and understand:

  • The terms and conditions of your employment. 
  • Your rights to health and safety, and against bullying and discrimination.
  • Your access to precautionary gear and safety equipment.
  • And most importantly, where to get help if any of the workplace challenges listed above arise.

Having substantial knowledge of these rights can protect you if the situation arises. 

Are you treated fairly as a remote worker? 

How Can the Workplace Rights of a Remote Worker Change?

With recent global developments, advancement in technology, and ongoing world crises, the need for many more employers and their employees to create a remote working arrangement, both formally and informally has arisen. More arrangements have been made to cater to and support a large percentage of workers to work remotely.

But do these developments truly benefit remote workers? Does it cater to their rights as workers or have their workplace rights been sidelined? In cases like this, it is easy for a lot of employers to get carried away with the concept of remote work, that they fail to extend the appropriate workplace rights to their employees. Many workplace rights and privileges were created to mainly cater to workers in the physical workspace and therefore, tend to leave out virtual workers. 

What this means in essence, is that:

  • Typical rights such as access to health and safety may be cut off or reduced since they may no longer report to the office.
  • Suitability of the worker’s remote working environment for their type of work may not be considered.
  • Discrimination or stereotyping (which may affect decision-making) may occur against those that work remotely.
  • Breach of employee privacy may occur due to excessive surveillance from the company.
  • There may be blurred lines between work hours and off-hours (instigated by the employer) since the employee now works virtually. 

This should not be so because rights in the workplace should cover all employees, not only those at the physical workspace. Remote workers have workplace rights and entitlements just as well as the employee who reports at the office. 

Knowing your Rights as a Remote Worker

Before you begin to examine your rights as a remote worker, it is important that you meet the standards of a remote worker as recognized by many companies. A remote worker is someone who works outside of a traditional office. This could be anywhere, your bedroom, favorite coffee shop, or lounging by the poolside. What matters is that the job gets done. If this description fits you, take a look at these important rights you ought to know and exercise as a remote worker.

  1. You have the right to a private life and family life. Although your employer has the right to monitor you, you must be adequately informed and aware of it. This covers emails, internet access, telephone calls, data, and images. 
  2. You have the right to see any information that has been recorded about you.
  3. You have the right to adequate health care and safety support from your employer.
  4. You have the right to reasonable working hours and at least 20minutes of rest breaks.
  5. You have the right to a standard employment contract.
  6. You have the right to the enjoyment of just and favorable conditions of work.

In conclusion

As a remote worker, always remember that it is within your right to request for fairness in any working condition. Employers and HR need to work together to ensure that the welfare of every employee is adequately catered to. This would create a balance in workplace rights for all types of workers, remote or not. 

Alex Capozzolo is the owner of the Brotherly Love Real Estate blog and a content writer for the real estate industry. Our focus is on helping people through one of the most important investment decisions of their lifetime by seamlessly providing fast, honest and professional real estate services.

About the Author: Alex Capozzolo is the co-owner of Brotherly Love Real Estate.


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