When Union Protection Meets Legal Reality: Your Rights in Sexual Harassment Cases
For union workers facing sexual harassment, the path to justice can feel like navigating a complex maze. Unlike non-union employees, unionized workers often have multiple avenues for addressing workplace harassment—but understanding when to use the grievance process versus pursuing legal action can make the difference between effective resolution and prolonged frustration.
The Dual-Track System: Grievance vs. Legal Action
Union workers typically have access to a grievance and arbitration process through their collective bargaining agreements—a process that is usually faster and less expensive than outside legal proceedings. However, workers who have been sexually harassed have several options: they can file a grievance, contact the federal Equal Employment Opportunities Commission, go to a private attorney, and they do not have to wait on the union to take action.
This dual-track system means union members can often pursue both avenues simultaneously. If a union files a grievance with regard to an agency’s action independent of an individual employee, that employee may file an EEO complaint raising an allegation of discrimination. This flexibility provides important protection, especially when time is of the essence.
Understanding Your Union’s Obligations
Unions have specific legal duties when it comes to sexual harassment cases. Unions have a duty to fairly represent members who are alleging a breach of the collective agreement and cannot act without any rational reason or dishonestly. Courts have consistently held that unions breach both their duty of fair representation and Title VII when they maintain a policy of “refusing to file grievable discrimination claims”.
However, union representation has its limitations. A union representative has no legal duty to review or respond to sexual harassment claims by union members, though they can take on that duty in their own Codes of Conduct or collective bargaining agreements. This reality underscores why understanding your legal options beyond the union grievance process is crucial.
When the Grievance Process May Fall Short
While union grievance procedures can be effective, they’re not always the complete solution. If a grievance is not resolved through the process in the collective agreement, the union can decide to take the matter to arbitration. However, there is no obligation to take every case to arbitration or even conduct a vote on every grievance—what is important is that the issue was debated and dealt with on its merits.
The situation becomes particularly complex when harassment involves union member-on-member conduct. When sexual harassment takes place in the workplace and is perpetrated by a fellow employee, the union must fairly represent both members of the union. This dual obligation can create challenging situations where unions must carefully balance competing interests.
The Power of Legal Action
Federal law provides robust protections that complement union grievance procedures. Workers who believe they have been discriminated against because of sex (including sexual harassment) can file a Charge of Discrimination, which is a signed statement asserting that an employer, union or labor organization engaged in employment discrimination and requests EEOC to take remedial action.
Importantly, the union could also be named as a respondent, along with management, in an EEOC charge or subsequent lawsuit, so if the facts show that sexual harassment has occurred, a grievance should be pursued. This dual accountability ensures that both employers and unions take harassment seriously.
Strategic Considerations for Union Workers
The most effective approach often involves using both systems strategically. Working people with a union feel safer bringing their concerns forward because they have the power of a collective bargaining agreement and their union behind them, so harassment is more likely to get raised and addressed in a unionized workplace.
However, workers retain the ability to file a discrimination charge with the U.S. Equal Employment Opportunity Commission or relevant state or local agencies, and often the collective bargaining agreement provides stronger and quicker recourse.
Why Professional Legal Guidance Matters
Given the complexity of navigating both union procedures and federal employment law, consulting with an experienced employment attorney is often essential. A skilled sexual harrassment lawyer Brooklyn, NY can help you understand how to maximize both your union protections and your legal rights under federal and state law.
The Howley Law Firm, located in New York, understands these complex dynamics. Their lawyers have helped clients recover millions of dollars for sexual harassment, discrimination, and unpaid wages. They focus on representing individuals in employment rights matters in New York, and with two experienced attorneys and a keen eye for quality, their small law firm is able to dedicate more one-on-one time to their hand-picked clients.
Time Is Critical
There are time limits for filing a charge with the EEOC, and union grievance procedures also have strict deadlines. If probationary employees may not have their grievances processed, they should be referred to the Equal Employment Opportunity Commission or state agencies, and time limits for filing charges must be checked immediately and carefully watched.
Moving Forward with Confidence
Union workers facing sexual harassment don’t have to choose between their union representation and their legal rights—they can and should pursue both when appropriate. Collective bargaining agreements can empower women by protecting them from discrimination, harassment and abuse, and union members have access to a grievance process designed to ensure justice is served.
The key is understanding how to navigate both systems effectively. Whether you’re dealing with supervisor harassment, peer-to-peer misconduct, or a hostile work environment, having experienced legal counsel who understands both union dynamics and employment law can make all the difference in achieving the justice and compensation you deserve.
Don’t let the complexity of dual systems prevent you from taking action. Your rights as both a union member and an employee under federal law provide multiple pathways to protection—use them all to your advantage.