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2. Defining Discrimination and Harassment Dorothy Jones UAW International Representative Dan Fairbanks UAW International Representative 1

3. Procedure for Handling Claims of Discrimination or Harassment Conducting a Fact- Finding Investigation Employer and Union Obligations

4. 3 Joint Commitment to Diversity The UAW and General Motors historically have contractually agreed for many years that all UAW represented workers are entitled to equal opportunities, access and application of agreement as outlined in the National Agreement. Further, it is our contractual and moral obligation to insure that all workers have a right to a work environment that is free from discrimination, harassment, intimidation and hostility. In the fulfillment of this responsibility, several policies against discrimination because of age, race, color, sex, religion, national origin, disability or sexual orientation and sexual harassment have been adopted and effectuated including Paragraph (6a) in the National Agreement, which insures adherence to that principle in all aspects of employment. The responsibility is not ours alone, we all have an individual responsibility to make sure our conduct, behaviors and actions are not offensive as it relates to our policies or interferes with an individual’s work performance. We must collectively strive to create an environment that is non- discriminatory in all aspects and promote an environment of mutual respect. We jointly recognize that because of our multicultural workforce, diversity itself attributes to the strength, innovation, knowledge and skills that contribute to our success and achievements. Diversity training is designed to enhance awareness of our mutual obligations under Equal Application and to encourage everyone to continue to demonstrate our joint commitment to fair employment practices.

5. 4 Cultivating Diversity Objectives Participants will understand:  Employer’s obligations under Civil Rights Law  Union obligations under Civil Rights Law and Labor Law  How to conduct a fact-finding investigation

6. Discrimination Title VII makes it unlawful for an employer to: “…discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex or national origin…” Harassment is a form of discrimination 5

7. Protected Class Race Color Religion Sex, or National Origin Age (ADEA) Disabilities (ADA) 6

8. 7 Employer and Union Obligations Employer Obligations under Civil Rights Law Union Obligations under Civil Rights Law & Labor Law

9. How Does Civil Rights Law Apply to Employers? It is illegal to discriminate in any aspect of employment, including: Hiring and firing; Compensation, assignment, or classification of employees; Transfer, promotion, layoff, or recall; Job advertisements; Recruitment; 8

10. The Duty of Fair Representation Under Labor Law Sections 8(b)(1) of the Act it is an Unfair Labor Practice for a union Vaca v. Sipes Arbitrary Discriminatory In Bad Faith 9

11. How Does Civil Rights Law Apply to Employers? Testing Use of company facilities; Training and apprenticeship programs; Fringe benefits; Pay, retirement plans, and disability leave; or Other terms and conditions of employment. 10

12. Union Obligations under Title VII on 1964 Civil Rights Act Sec. 2000e-2(c) (Section 703) Sec. 2000e-2(d) 11

13. How Does the Civil Rights Law Apply to Unions? “as a direct employer” “in election of officers” “as a labor organization representing certain employees The Duty of Fair Representation Sections 8(b)(1) and 301 of NLRA 12

14. Reasonable Care Standard Establish and distribute a policy and complaint procedure. Policy should contain: A clear explanation of the prohibited conduct, including a statement that the employer will not tolerate harassment; Assurance against retaliation Assurance of confidentiality A complaint process that provides prompt, thorough, and impartial investigation 13

15. Reasonable Care Standard A promise of immediate corrective action In addition, the employer must show that the policy has been effectively implemented, for example, by providing to all employees copies of the policy and complaint procedure and training them about their rights and responsibilities. 14

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21. The Five W’s of Investigation Who What When Where Why 20

22. The Seven Tests of Just Cause Notice Rules Reasonably Related to the Work Environment Investigation Fair and Objective Investigation Proof Even-handed Application of Rules 21

23. Goal 1: Resolution – Promoting Use of Grievance Procedures –One of the goals of the Local Plant Equal Application Committee is to promote use of the Grievance Procedure. Any employee who feels that they have suffered discrimination because of race, sexual orientation, color, religion, age, sex, national origin, gender identity/expression, ethnicity, or disability may complain using the Grievance Procedure. The Grievance and Arbitration Procedure is the contractual procedure for remedying such claims. The steps of the Grievance Procedure are provided in Addendum C. Goal 2: Prevention – Determining Causes of Discrimination and Preventing Future Occurrences Goal 3: Awareness – Liaison with Appropriate Government Agencies Goal 4: Implementation – UAW-GM Diversity Initiatives 22

24. Contractual Language Anti-Harassment Policies Civil Rights Committee Investigating Grievances UAW-GM Civil Rights Investigation Form UAW Local Civil Rights Committee Factual Investigation Form Equal Application of Agreement Manual Critical Intervention Process 23

25. UAW and GM Anti-Harassment and Discrimination Policies Document No. 99: GM Policy Regarding Anti-Harassment Document No. 31: Equal Application Committees- National and Local Document No. 30: GM Equal Opportunity Employment Policy Document NO. 32: GM Policy Regarding Employment of Individuals with Disabilities Document No. 33: GM Policy Regarding Employment of Disabled Veterans and Veterans of the Vietnam Era UAW Administrative Letter: Definition of Sexual Harassment International Union UAW’s NO Discrimination Policy All Federal, State and Local Laws that prohibit discrimination and harassment. 24

26. Questions and Answers Evaluations Conclude 25

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