Equal Opportunity Shouldn’t End at “You’re Hired”

By Courtney Shaffer
USW Intern

Walmart, one of the world’s largest employers, is again facing the prospect of a class action lawsuit alleging the company discriminates in its promotion and pay practices, favoring men over women workers.

The complaint, filed on Nov. 6, mirrors one filed in 2001. In the earlier case,  1.6 million women gained class certification in 2004. But in 2011, the U.S. Supreme Court reversed that class action designation, claiming the case was too big. Since then, more than 2,000 women have filed new claims regarding workplace discrimination.

Walmart is supposed to be an equal opportunity employer. That means it would be illegal for Walmart to violate the Equal Employment Opportunity Commission (EEOC)’s anti-discrimination guidelines, not just in the hiring process, but in all aspects of paying and promoting workers.

The women who are plaintiffs in the current case claim Walmart continues to fail in this basic measure of employment equality.  They say that the criteria managers use to promote workers does not always include industry experience or job performance, often leaving qualified, experienced women out of the running for better jobs.

They also claim that Walmart has failed to openly announce job openings or include information such as the need to relocate or travel, which has put women at a further disadvantage. 

Class action lawsuits are among the few methods nonunion employees can use to seek redress for unfair treatment by employers.  Since the U.S. Supreme Court reversed the decision to grant class certification in the 2001 case, it has been substantially more difficult for women to secure judicial intervention in workplace disputes against employers like Walmart.

To increase the chances for this claim to be successful, the workers filed a complaint for workers only in the southeast region of the United States, representing thousands of employees rather than a million plus.

“Wal-Mart maintained a pattern or practice of gender discrimination in compensation and promotion,"  the complaint states. “And, in each of the above regions, the compensation and promotion policies and practices of Wal-Mart had a disparate impact, not justified by business necessity, on its female employees in the region.”

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Posted In: Union Matters

Union Matters

Get to Know AFL-CIO's Affiliates: National Association of Letter Carriers

From the AFL-CIO

Next up in our series that takes a deeper look at each of our affiliates is the National Association of Letter Carriers.

Name of Union: National Association of Letter Carriers (NALC)

Mission: To unite fraternally all city letter carriers employed by the U.S. Postal Service for their mutual benefit; to obtain and secure rights as employees of the USPS and to strive at all times to promote the safety and the welfare of every member; to strive for the constant improvement of the Postal Service; and for other purposes. NALC is a single-craft union and is the sole collective-bargaining agent for city letter carriers.

Current Leadership of Union: Fredric V. Rolando serves as president of NALC, after being sworn in as the union's 18th president in 2009. Rolando began his career as a letter carrier in 1978 in South Miami before moving to Sarasota in 1984. He was elected president of Branch 2148 in 1988 and served in that role until 1999. In the ensuing years, he worked in various roles for NALC before winning his election as a national officer in 2002, when he was elected director of city delivery. In 2006, he won election as executive vice president. Rolando was re-elected as NALC president in 2010, 2014 and 2018.

Brian Renfroe serves as executive vice president, Lew Drass as vice president, Nicole Rhine as secretary-treasurer, Paul Barner as assistant secretary-treasurer, Christopher Jackson as director of city delivery, Manuel L. Peralta Jr. as director of safety and health, Dan Toth as director of retired members, Stephanie Stewart as director of the Health Benefit Plan and James W. “Jim” Yates as director of life insurance.

Number of Members: 291,000 active and retired letter carriers.

Members Work As: City letter carriers.

Industries Represented: The United States Postal Service.

History: In 1794, the first letter carriers were appointed by Congress as the implementation of the new U.S. Constitution was being put into effect. By the time of the Civil War, free delivery of city mail was established and letter carriers successfully concluded a campaign for the eight-hour workday in 1888. The next year, letter carriers came together in Milwaukee and the National Association of Letter Carriers was formed.

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There is Dignity in All Work

There is Dignity in All Work