Gavin Howe
The National Labor Relations Act (NLRA) and Title VII of the Civil Rights Act of 1964 are two federal laws that govern the relationship between employers and employees in the United States. While the NLRA, enforced by the National Labor Relations Board (NLRB), focuses on protecting the rights of employees to engage in concerted activities for mutual aid and protection, Title VII, enforced by the Equal Employment Opportunity Commission (EEOC), aims to prevent discrimination and harassment in the workplace. In certain cases, conflicts can arise between these two laws, as employers must balance their obligation to maintain a harassment-free workplace under Title VII and their duty to respect employees' rights to engage in protected activities under the NLRA. For instance, in Constellium Rolled Products Ravenswood v. NLRB, the NLRB's decision faced scrutiny for disregarding an employer's legal duty to uphold a harassment-free workplace while focusing solely on the employer's unfair labour practices. This case highlights the complexities that can emerge when interpreting and applying laws pertaining to labour relations and civil rights in the context of employment.
| Characteristics | Values |
|---|---|
| Title | Title VII of the Civil Rights Act of 1964 |
| Description | Prohibits unlawful employment practices, including discrimination and harassment, and ensures equal employment opportunities |
| Applicability | Employers, employment agencies, labor organizations, and joint labor-management committees |
| Investigation | Commission investigates charges and conducts on-the-job training programs |
| Law Reference | Sections 2000e-2 and 2000e-3, with specific subsections 703 or 704 and subsection (c) |
| National Labor Relations Act (NLRA) | Refers to Section 7 of the NLRA, which protects employees' right to engage in concerted activity |
| Case Study | Constellium Rolled Products Ravenswood v. NLRB, involving overtime work procedures and employee protests |
| Court Decision | Court rejected NLRB's position, remanding the matter due to the employer's preserved argument |
| NLRB General Counsel | Appointed by the President with Senate advice, serving a four-year term and supervising attorneys |
| NLRB Location | Principal office in the District of Columbia, with the ability to meet and exercise powers elsewhere |
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What You'll Learn
Conflict between Title VII and Section 7 of NLRA
Section 7 of the National Labor Relations Act (NLRA) protects the rights of employees to engage in "concerted activities" for their mutual aid and protection. This includes the right to form, join, or assist labour organizations and to bargain collectively through representatives of their own choosing.
A conflict between Title VII and Section 7 of the NLRA can arise when an employer's efforts to maintain a harassment-free workplace under Title VII potentially interfere with employees' right to engage in concerted activity under Section 7.
For example, in the case of Constellium Rolled Products Ravenswood v. NLRB, an employer changed its procedure for assigning overtime work, which was not well-received by some of its union-represented employees. The employer began using a sign-up sheet for employees to volunteer for overtime, and some employees posted a sign-up sheet with profanity and sexually explicit language. The employer removed the sign-up sheet and disciplined the employees.
The NLRB found that the employer's actions violated Section 7 of the NLRA because it interfered with employees' right to engage in concerted activity. However, the U.S. Court of Appeals for the D.C. Circuit refused to enforce the NLRB's decision, citing the employer's obligation to maintain a harassment-free workplace under Title VII.
In another case, Lion Elastomers, the NLRB issued a decision that reinstated setting-specific standards for assessing employer responses to "abusive conduct" by employees during their Section 7 activities. The decision concluded that the Board has no duty to reconcile the conflicting relationship between the NLRA's protection of employee rights under Section 7 and the requirements of Title VII and other antidiscrimination laws.
The Lion Elastomers decision has raised concerns about maintaining workplace civility and the potential conflict between the NLRA and federal and state equal employment opportunity laws. The NLRB majority responded by stating that employers rarely have a legitimate interest in disciplining or restricting Section 7 activity to meet those obligations.
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Unlawful employment practices
Additionally, it is not unlawful for an employer to apply different standards of compensation or terms, conditions, or privileges of employment based on a bona fide seniority or merit system, or a system that measures earnings by quantity or quality of production. It is also not unlawful for an employer to give and act upon the results of any professionally developed ability test, provided that it is not designed or used to discriminate based on race, colour, religion, sex, or national origin.
In the case of an alleged unlawful employment practice occurring in a State with a State or local law prohibiting such practices, no charge may be filed by the aggrieved person before the expiration of sixty days after proceedings have been commenced under the State or local law. If the State or local authority requires the filing of a written and signed statement of the facts, the sixty-day period shall be extended to one hundred and twenty days.
The EEOC laws also make it unlawful for Federal agencies to discriminate against employees and job applicants on the bases of race, colour, religion, sex, national origin, disability, or age. A person who files a complaint or participates in an investigation of an EEO complaint is protected from retaliation.
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Obligation to maintain a harassment-free workplace
Employees are entitled to a workplace free of harassment. Unlawful harassment in the workplace includes harassment based on protected characteristics and sexual harassment. An employer is liable for the harassment of employees by managers and persons with supervisory authority, regardless of whether the employer is aware of the conduct. An employer may also be liable for harassment committed by non-employees, such as customers, or by employees without supervisory authority, if the employer knew or should have known about the harassment and failed to take appropriate corrective action.
There are two main categories of harassment: "quid pro quo" harassment and "hostile work environment" harassment. Quid pro quo harassment occurs when an employee is asked to tolerate sexual conduct as a condition of employment or to avoid adverse employment actions, or to enjoy workplace benefits and opportunities. Hostile work environment harassment occurs when conduct is objectively and subjectively offensive and interferes with an employee's work performance by creating a workplace that is intimidating, hostile, humiliating, or offensive. An employee may suffer one or both types of harassment simultaneously.
Harassment becomes unlawful when enduring the offensive conduct becomes a condition of continued employment, or when the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws, or opposing employment practices that discriminate.
To prevent and correct unlawful harassment, employers should clearly communicate to employees that unwelcome harassing conduct will not be tolerated. This can be done by establishing an effective complaint or grievance process, providing anti-harassment training to managers and employees, and taking immediate and appropriate action when an employee complains. Employers should strive to create an environment in which employees feel free to raise concerns and are confident that those concerns will be addressed. Employees should also be encouraged to inform the harasser directly that the conduct is unwelcome and must stop, and to report harassment to management at an early stage to prevent escalation.
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Unfair labour practices
- Unfair suspension or disciplinary action: Suspensions must be carried out fairly and properly, with good reason and following the correct procedure.
- Unfair dismissal: Employers must follow the law when it comes to firing employees, and there are basic rules and procedures that govern the dismissal process.
- Unfair promotion practices: If an employee is denied a promotion based on race, gender, or sexual orientation, this can be referred to the Employment Equity Commission.
- Unfair demotion: A demotion is when there is a material reduction in an employee's remuneration, responsibilities, or status, and it must be done with the employee's consent.
- Unfair alteration of working hours or conditions: According to the National Minimum Wage Act, it is an unfair labour practice for an employer to unilaterally alter hours of work or other conditions of employment.
- Occupational detriment: If an employee is prejudiced as a result of disclosing information about a colleague's criminal activity, this would constitute an unfair labour practice.
It is important to note that there is a closed list of unfair labour practices, and any conduct of an employer that does not appear on this list cannot be classified as an unfair labour practice. Employees who believe they have been subjected to an unfair labour practice should first attempt to resolve the matter internally through their workplace's grievance procedures.
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Employee termination
The National Labor Relations Act (NLRA) was passed in 1935 to encourage collective bargaining and protect workers' freedom of association. The Act protects the rights of employees in the private sector to seek better working conditions and representation without fear of retaliation.
Section 7 of the NLRA guarantees employees the right to self-organize, form or join labor organizations, and collectively bargain through representatives of their choosing. It also protects their right to refrain from such activities. Section 8(a)(1) of the Act prohibits employers from interfering with, restraining, or coercing employees in the exercise of these rights. For example, employers cannot threaten employees with adverse consequences, such as a loss of benefits or more difficult working conditions, if they support or engage in union activities.
The NLRA also addresses discrimination in hiring, tenure, and other employment conditions, aiming to prevent employers from encouraging or discouraging membership in labor organizations. It allows employers to make agreements with labor organizations, requiring membership as a condition of employment after a certain period.
In the context of employee termination, the NLRA states that no order of the Board shall require the reinstatement of an employee who has been discharged for cause. However, if an employee is terminated for engaging in union activities or collective bargaining, this could be considered a violation of their rights under the NLRA, depending on the specific circumstances.
While the NLRA protects employees' rights to engage in certain activities, it is important to note that employees engaged in protected activities may lose the Act's protection through misconduct. Additionally, the Act does not preclude employers from making certain agreements with labor organizations that may impact employment conditions and tenure.
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Frequently asked questions
NLRB stands for the National Labor Relations Board.
Title VII is part of the Civil Rights Act of 1964, which falls under the US Equal Employment Opportunity Commission.
There is a conflict between Title VII and Section 7 of the National Labor Relations Act (NLRA). While Title VII holds employers accountable for creating or permitting a sexually hostile work environment, Section 7 of the NLRA prohibits employers from interfering with employees' rights to engage in concerted activity for mutual aid or protection.
In the case of Constellium Rolled Products Ravenswood v. NLRB, an employer was taken to court for changing their procedure for assigning overtime work. The court had to consider the employer's obligation to maintain a harassment-free workplace (as per Title VII) and its obligation to comply with Section 7 of the NLRA.
