Union Liability for Workplace Discrimination and Harassment

Under Title VII, a union may be liable in several ways for workplace discrimination and harassment. First, a union may be liable for intentionanlly failing to file grievances concerinng a racially hostile working environment of any of its members. Goodman  v Lukens Steeol Co., 482 US 656, 667 (1987). This inquiry does not require proving that the workplace was hostile. In Goodman, the union had for several years been a party to a union contract with a provision expressly prohibiting discrimination. The union was aware of, but nevertheless ignored grievances based on racial harassment and other forms of discrimination. The Supreme Court held that a union's deliberate failure to bring race-based claims, by itself constituted discrimination, violating the plain terms of Title VII.   

A union may also be liable under Title VII for acquiescing in a racially discriminatory work environment, i.e. being aware of discriminatory or harassing conduct taking place and doing little to nothing to remedy or prevent it. The union has an affirmative obligation to oppose employment discrimination against its members. Bonilla v Oakland Scavenger Co. 697 F.2d 1297, 1304 (9th Cir. 1982). The same reasons which prohibit an employer from discriminating on the basis of race... apply equally to the union. McDonald v Santa Fe Transp. Co., 427 U.S. 273, 285 (1976).    

In light of the above, it's well worth exploring, when filing a lawsuit against an employer for discrimination and wrongful termination whether there is sufficient evidence to include the claimant's union in the complaint as a defendant. Woods v Graphic Communications 925 F.2d 1195 (9th Cir. 1991) is another important case whic includes relevant discussion and analysis for union liabiltiy for discrimination in various circuits. 

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