Discrimination is pervasive in workplaces throughout the United States. This is unsurprising, given our history of inequality. And it’s true despite most employer’s claims to the contrary.
Before I retired as a state employee, I was a shop steward at a community college in Seattle. A shop steward is a non-management employee who represents the union on the job. Stewards help their co-workers when the employer violates the agreement between workers and management.
During my years at the college, discrimination based on injury or disability was by far the most common issue. I represented members who were living with things like repetitive motion syndrome or chronic health conditions.
Every person in the United States, unionized or not, is supposedly shielded by the ADA (Americans with Disabilities Act). This landmark legislation, passed in 1990 but subsequently weakened by the courts, was won by a long and determined struggle by people living with a wide range of disabilities. One section of the ADA requires employers to provide a “reasonable accommodation” so that those with physical limitations can get the help they need to stay on the job. This might include special equipment, work schedule flexibility, or more frequent rest breaks.
But a funny thing would happen when a worker got an adjustment to the job approved. Direct supervisors would claim this person really was incapable of performing their job, even with accommodations. Or suddenly the employee supposedly just couldn’t do anything right. In my experience, I’ve seen fellow workers driven from the job due to this struggle with the boss. Or they would give up and retire early. This chicanery reminds me of what James Baldwin said: “I can’t believe what you say because I see what you do.”
Where was the union? I expected such hypocrisy from management, but often my union’s response was disappointing.
Many union contracts prohibit discrimination based on disability. Yet when I attended a workshop at a union convention, the executive director said, “We don’t file grievances over discrimination (He meant of any type). They’re too hard to prove.” All the shop stewards protested loudly. Grievances are the primary method for enforcing union members’ rights under the labor agreement or contract. Without them, there is no way to make management follow the rules.
It may be difficult, which only means that we must fight discrimination with every means possible, including job actions and organizing support for affected workers. Letting it stand divides employees and weakens their organization. Instead of shrugging their shoulders, unions should thoroughly train shop stewards on the best ways to fight back. Every worker, disabled or not, deserves a strong union that leaves no one behind!
