Union Rights: Harassment and Discrimination

Attorney Deborah Mains

Tough question, before early this year a union, it was generally considered could not waive its member’s rights to go to court to sue an employer that had discriminated against them or harassed them in violation of our anti-harassment laws and anti-discrimination laws. However earlier this year the US Supreme Court issued a decision that may change all of that.

Under the decision if a union and an employer and mostly it’s going to be the employer crafts careful enough language into a collective bargaining agreement members may be precluded from accessing the courts to vindicate their rights when they have been discriminated against or harassed.

However it’s a new case, it is very specific careful language that must be used and in the meantime generally speaking, most of the time members will have the ability, even when they are in a union to file suit in Superior Court or in Federal Court if they’ve been discriminated against or harassed.

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Union Rights: Harassment and Discrimination

Attorney Deborah Mains

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