hours, and the terms and conditions of employment. If union members dispute working conditions, unfair
labor practices, or economic benefits, they have the right to participate in a cessation of work activities, known
as a strike. There is a mandatory cooling off period of sixty days before a strike can commence. Some
collective bargaining agreements include no-strike clauses. Although strikes are permitted according to the
NRLA, some strikes are illegal:
•
Violent strikes
•
Sit-down strikes
•
Wildcat (unauthorized) strikes
•
Intermittent, or partial strikes
In addition to striking, union members have the right to picket. This process involves walking in front of the
employer’s premises with signs that advertise the strike and the union’s demands. Picketing is lawful as long
as it does not:
•
Involve violence
•
Prevent customers from entering the premises
•
Prevent non-striking workers from entering the premises
•
Prevent the business from receiving deliveries or pickups
Secondary boycott picketing occurs when the union pickets the employer’s customers or suppliers. This type
of picketing is legal if it is product picketing, but illegal if the picket is directed against a neutral business.
9.3
Equal Opportunity in Employment
A Landmark Case
In 1982, the financial services company Price Waterhouse announced a vacancy for the position of partner.
Ann Hopkins, an employee of the company at the time, applied, but after an assessment, was passed over.
Hopkins sued the company, arguing that she had billed more than $34 million in consulting contracts for the
firm, far more than any of the other 87 candidates, who were all male. In rejecting her application, the partners
at the company argued that Hopkins was “too macho” and that she should “walk more femininely, talk more
femininely, dress more femininely, wear makeup, have her hair styled and wear jewelry.” In the landmark legal
suit that followed, Hopkins was awarded $371,000 in back pay, and Price Waterhouse was forced to make her a
partner.
Laws Governing Equal Opportunity in Employment
Employees are protected in the workplace by a number of laws enacted at both the federal and state levels.
Federal laws are usually considered to be the minimum level of protection, and state laws can provide
employees with more, but not less, protection. In this section, the major laws pertaining to equal opportunity
are discussed.
Civil Rights Act of 1964 – Title VII (Amended By the Civil Rights Act of 1991)
The Civil Rights Act provides broad provisions pertaining to citizens’ civil rights. Title VII of the Civil Rights Act
deals with discrimination in employment. It bans employers from discriminating against employees in their
hiring, firing, and promotion practices on the basis of sex, national origin, color, religion, or race. All employers
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