ILO Home
  

Equal Employment Opportunities for Women and Men

Index ¦ e.quality@work

Booklet 5 - Organizing in Diversity

Table of Contents

1. Solidarity in diversity

2. Young workers

3. Older workers

4. Workers with disabilities

5. Lesbian and gay workers

References and additional reading

Additional examples and case studies

1. Solidarity in diversity

"As unionists, we must strive to learn, to teach and to accept the diversity that enriches the fabric of our society and to fight for equal rights for all". (1)

The labour force is increasingly diverse. Yet the norm for a "worker" is the able-bodied, masculine, heterosexual member of the dominant cultural group. Those who do not fit this norm - women, young people, older workers, people with disabilities or different abilities, gays and lesbians, ethnic minorities, indigenous people - all tend to be labelled as different and to be subject to sexist, ageist, racist, xenophobic, homophobic or other forms of overt or indirect discrimination in the workplace. As people who are different, they also challenge the labour movement's normal form of democracy and representation. Their call for equality is often seen as wanting special rights, so that they are discounted as special interest groups.

Unions, by virtue of their essential characteristics - solidarity and universality - have an extraordinary power to instill new values and change assumptions about diverse types of workers. By action and example, they can influence change in their members, employers and society at large. Their openness and acceptance of difference will challenge the oppression of silence that reinforces discrimination and prejudice in many workplaces today.

At its 17th World Congress in Durban in April 2000, the ICFTU formally adopted a resolution to "make sure action to overcome discrimination at work - including against migrants or on the basis of race, colour, national extraction, sexual orientation, disability or age - is given the highest political commitment and the financial resources to match. The ICFTU will lead by example, acting as a catalyst for change in the trade union movement, to promote solidarity in diversity, as all workers must have their place in our organizations".

In accordance with the Congress resolution, an International Workshop on 'Trade Unions Fighting Racism and Xenophobia' (Aylmer, Canada, 5-9 May 2001) drew up a Plan of Action for trade unions at national, regional and international levels to fight racism and xenophobia more effectively in communities, in the labour market, in the workplace and within trade unions:

ICFTU No to Racism and Xenophobia! Plan of Action for Trade Unions
The basic principles of the ICFTU No to Racism and Xenophobia! Plan of Action for Trade Unions are worth noting:
  • Trade unions stand against racism and xenophobia as a matter of fundamental principle. The promotion of human rights, equality and diversity is an integral part of the trade unions' daily struggle for freedom, equality and justice for all.
  • Trade unions take an explicitly anti-racist approach in the development and implementation of their policies, programmes and action.
  • Trade unions recognize the central role to be played by those affected by racism, xenophobia and ethnic discrimination in developing, implementing and monitoring relevant policies, programmes and activities, paying special attention to the most vulnerable groups: women, youth and persons with disabilities.
  • Trade unions recognize the crucial importance of integrating a gender perspective when developing and implementing policies, programmes and activities in the fight against racism and xenophobia, in order to address more effectively the issue of multiple discrimination against women.

To promote solidarity in diversity, unions can:


Adopt a 'rights-based' rather than a 'needs-based' approach.

Satisfying basic needs and creating basic rights
A needs-based approach entrenches the perception of a particular group as the passive recipients of services, aid and charity - or a burden. Within this approach, the needs of a particular group may be progressively satisfied through welfare benevolence, resource allocation and administrative and policy planning. But they are not treated as having a right to enforce the satisfaction of those needs. Unions should, of course, assist diverse groups of workers to satisfy and meet their basic human needs. But within a needs-based framework, there is little scope for the empowerment of these groups.

More recently, there has been an enormous shift in policy direction from the passive to the active. The rights-based framework recognizes the right of, for example, older workers or workers with disabilities or workers with different sexual orientation, to non-discrimination and to equality of opportunity and treatment in the provision of services and the pursuit of decent work. Such an approach creates entitlements for rights-holders. An older worker is entitled to equality of opportunity and treatment, and there is a corresponding obligation on the part of States, employers, unions to ensure that this occurs.


Promote the capacity to name, blame and claim
. At the heart of the rights-based approach is the ability of workers to define an experience as unfair and possibly even subsequently lodging a grievance:



Naming, blaming and claiming

Unions can encourage and teach their most vulnerable members to adopt a "name, blame and claim" approach to violation of a basic right or discrimination. This involves three important steps:

1. Name the discriminatory action for what it is, eg. sexism, racism or homophobia. A worker's fundamental right cannot be claimed unless it is recognized as a right, which has been wrongly violated. "Naming" is the recognition that an experience has been injurious or wrong.

2. Blame the oppressor, not the victim. Once "naming" has taken place, the next step is to go from determining responsibility to determining blame. The person suffering discrimination must not only recognize that the behaviour was wrong but also blame the oppressor and not accept the discrimination as simply "bad luck" or the "way things are".

3. Claim equal rights at the workplace and under the law. "Claiming" involves two distinct processes: the first involves the capacity of the wronged person to actually lodge a claim; while the second depends on the availability and effectiveness of legislation and machineries or frameworks within which to pursue the claim.

By identifying the action, blaming the oppressor, and claiming equal rights, people become accustomed and eventually empowered to respond responsibly to discrimination in the workplace.


Educate, educate, educate:
Unions should learn more about diverse groups, their rights and needs;
Build up the self esteem and knowledge of workers, who must be able to identify that discrimination is unacceptable and not simply the "way things are". The ability to name and blame and the capacity to at least consider lodging a claim is essential for a rights-based approach to benefit diverse groups of workers;
Establish education and sensitization courses and programmes to dispel myths and counter deep-seated prejudice;
Integrate equality principles into union leadership courses.


Foster community outreach:
Work with other civil groups to help stop discrimination against specific target groups;
Improve labour market research and collection of gender disaggregated statistics, particularly relating to designated diverse groups.

Use innovative organizing techniques to reach out to diverse groups:
Organize special events or activities to seek out different groups;
Use innovative means: e-mail, websites, etc.;
Use the media to take up themes of concern to diverse groups.


Build diversity within union structures:
Establish internal union equity programmes that include goals and timetables for the purpose of increasing the representation of designated diverse groups;
Ensure that all groups are represented at all levels of union staff and leadership positions.

Empower the targets of discrimination:
Support self organization for diverse groups of workers;
Help ensure that these groups receive sufficient funding and resources for their organizing activities;
Support and implement the recommendations and ideas of these groups;
Set timetables to eliminate workplace harassment, including member-to-member harassment against women, people with disabilities, visible minorities, aboriginal peoples, gay men and lesbians.

Ensure that the interests of diverse groups are taken into account in collective bargaining:
Include members of minority groups in collective bargaining negotiations;
Integrate the views of minority groups in collective bargaining positions;
Incorporate anti-discrimination clauses in collective agreements.

Establish zero tolerance policies for workplace violence:
Together with employers, draw up strong policies to avoid, condemn and punish any form of workplace violence;
Widely publicize these policies.


Use the law to fight discrimination:
Campaign for stronger national and local legislation against hate crimes and the vigorous prosecution of hate criminals;
Fight for stronger anti-discrimination laws;
Support and fund non-discrimination test cases.

Transforming unions through equality in diversity
At the national level, trade unions must:
  • be aware at all times of the primary role of those directly affected by racism in developing, implementing and monitoring trade union anti-racism policies, strategies and programmes;
  • integrate anti-racism awareness sessions in all trade union training and education policies, programmes and activities at all levels;
  • democratize union structures for the full integration of people of colour, migrants, ethnic minorities and indigenous peoples at all levels in order to strengthen union policy development, organization and mobilization of workers, and implementation of policies and programmes;
  • develop and implement positive action programmes to remove barriers to access to leadership positions of workers of colour, migrants, ethnic minorities and indigenous peoples;
  • set up and strengthen special structures to combat racism and xenophobia;
  • develop and implement mentoring programmes for target members to give them support and integrate them into the movement;
  • implement positive action measures - including internal equity audit - of union staff, both executive and administrative;
  • coordinate strategy for affiliates to carry out joint work with anti-racist groups at the community level.

Source: ICFTU No to Racism and Xenophobia! Plan of Action for Trade Unions.

2. Young Workers

Over one billion young women and men live in the world today. One person in five today is aged between 15 and 24 years; this means that youth comprise almost 18 per cent of the world's population. Eighty-five per cent of young people live in developing countries, with 54 per cent in Asia and the Pacific alone. During the current decade, the size of the youth population is expected to grow by 116 million or about 11 per cent, reaching almost 1.2 billion by 2010. (2)

Some 628 million young people work, accounting for about 22 per cent of the global labour force. But youth employment problems are serious. Around 66 million young people are unemployed. This means that young people account for about 41 per cent of the world's 160 million unemployed. In countries as diverse as Colombia, Egypt, Italy and Jamaica, more than one in three young persons are without work, actively looking for work and/or available for work. Youth are two to three times more likely to be unemployed than adults. Youth are often the last hired and the first fired. This is partly because firms spend less on training young workers, and they tend not to be covered by protective legislation since they often do not meet the requisite qualifying time, thus they are cheaper to dismiss. Faced with recession, firms will usually cease recruitment before commencing redundancies. Young workers are disproportionately affected by both.

Disproportionately large numbers of young women and men are exposed to long-term unemployment or are limited to precarious or short-term work. As a result, many drop out of the labour force or fail to enter it successfully in the first place and become inactive. In developing countries, where very few can afford to be openly unemployed, the youth employment problem is more one of under-employment and low-pay and low-quality jobs in the informal sector.

Youth employment problems tend to track adult employment problems over time. Failure to find or maintain a job at an early age can have lasting effects on occupational patterns and incomes. Unemployed youth may very well have difficulty finding work throughout their entire lives as, without some solid experience at a relatively young age, their chances of employability continue to slide - thereby perpetuating a vicious cycle of poverty and social exclusion.

Young women (like their older sisters) normally experience higher unemployment rates than their male counterparts. A review of 97 economies revealed that young women are more likely to be unemployed in two-thirds of them. In many cases the differences are marginal, but in others they are indeed significant. Over a quarter of industrialized countries have female youth unemployment rates exceeding those of the males by more than 20 per cent. And of the 34 economies surveyed in the Caribbean and Latin America, more than half have female youth unemployment rates more than 50 per cent higher than male rates. Access to education and training is fundamental to enabling young women to compete with men on the basis of objective criteria for recruitment and promotion. While more and more young women are having access to schooling and are often outperforming the men, they are still not going into the types of education and vocational training relevant for labour market needs. Particularly in developing countries, young women are often unable to take advantage of training opportunities due to barriers to entry, discrimination in selection and gender stereotyping.

The importance of these issues has been acknowledged in the recent launch of a high-level policy network on youth employment [ box below]. Unions have been active in reaching out to the young and championing youth employment concerns. In April 1999, the ICFTU launched a campaign "The Future Starts Now - Join a Union" to inform young people, to organize them in trade unions and to campaign for proper policies on employment and education for young people. On May Day 2000, the Youth Campaign was relaunched, targeting in particular young women. The campaign is seen as vital for the renewal and ultimately the survival of the trade union movement. Union leaders are also part of the High-Level Panel of the Youth Employment Network.

"Young people will join unions when trade unions wake up, rethink their strategies and work hand-in-hand with their young members to organize young people into unions and to develop an effective response to the tremendous dilemma young people are facing now. Building solidarity between generations will be for the benefit of the young and for the benefit of the trade union movement as a whole". (3)
High-Level Panel on the Youth Employment Network
The unemployment of youth - accounting for 41 per cent of the world's unemployed - has become a focus for UN concerted action. Following from the UN Secretary-General's Millennium Summit Report, the Director-General of the ILO joined with the Secretary-General of the United Nations and the President of the World Bank in convening a high-level policy network that draws on the most creative leaders in private industry, economic policy and civil society. Unions are involved in the Network, as are youth groups. The objectives of the Youth Employment Network are to present recommendations on innovative ways to meet the youth employment challenge that the Secretary-General will present to the General Assembly during its fifty-sixth session; to disseminate information on good practices; and to promote and sponsor the creation of jobs for young people.

The High Level Panel of the Youth Employment Network which met on 16th July 2001 called for:

  • a new approach that focuses on youth as an asset, not a problem;
  • a new political commitment to promote decent and productive work for young people everywhere;
  • a new way of policy making, based on a clear recognition of the different responsibilities and of the different roles of the UN system, national governments, social partners and the civil society for employment policies.
  • three top priorities for all national action plans on youth employment:
- employability;

- equal opportunities between men and women; and

- entrepreneurship and job creation.

See: www.ilo.org/youth

Trade unions need to:


intensify actions to organize and recruit young people;
integrate young people into unions;
ease the transition from school to work for young people;
address the problem of youth unemployment and help provide more and better jobs for youth.


Intensify actions to organize and recruit young people

Because young people are entering later and later into the labour market and finding jobs in sectors where trade unions are poorly represented and because trade unions in the past did not give them the space they deserve, young people often have a rather negative image of the trade union movement. Young people tend to perceive unions as too traditional, bureaucratic and hierarchical. Unions need to change their image and start to work hand-in-hand with young unionists to make the unions an attractive and an open place for the young. Instead of waiting for young people to come, unions should reach out to the young so as to better understand their concerns and needs and what they expect from unions. Unions should organize regular activities and special campaigns to inform young people and organize them. Particular attention should be given to the needs and concerns of young women.

Guidelines:


Unions should be there on the spot, to prove how effective they can be to those they wish to win over to the trade union movement. Organizing and recruitment strategies tend to be more effective when:
they take place in areas where trade unions are not traditionally present: at school, on university campuses, in new jobs (informal sector, flexible and part-time jobs), at recruitment or employment centres, at places where young people who are unemployed and/or in the transition from school to work can be found (youth clubs, sports clubs, student organizations, festivals and concerts, cultural events);
cooperation is sought with student organizations and various youth NGOs, which will enlarge the scope of the activities;
specific publications for young people are developed;
media is used which is popular with young people. The use of e-mails and websites are important examples;
trade union members are encouraged to contact and organize young workers at the workplace.

The Australian Council of Trade Unions has developed teaching kits to inform students about unionism.

The British Trade Union Congress issues a "trainee's rights" card with the British National Union of Students and sets up booths at recruitment fairs.


Provide young people with information about:
the fact that their problems related with work and education are areas where trade unions do undertake action and do provide support;
young people's rights, not only when they are already working but also when they are trying to enter the labour market;
the role of trade unions within the society: that collective action is necessary to convince employers and governments that workers of all ages have a right to decent jobs, a good education and training, normal working hours and proper working conditions, etc.

The Brazilian national confederation, Forca Sindical (FS) has a well structured programme carried out by its youth department. In collaboration with other national centres, FS set up "campaign teams" equipped with a working document in the form of a Brazilian youth declaration, which operates by making use of the key dates in the calender, such as the National Youth Day. FS has linked up with a major radio station and organizes meetings with students, bringing well-known singers and musicians onto university campuses. It has also focussed its campaigns on issues which it sees as a priority, eg. since the worst discrimination is suffered by young blacks under 24 years, FS efforts are directed at this group. Providing training and a meeting place for young unemployed is also part of the strategy.

Target specific groups of young people who may have a particular interest in joining unions, such as:
students in the last year of their education who are almost ready to enter the labour market and are deciding on the kinds of jobs they wish to have;
students with part-time jobs;
students whose education is a combination of work and training, eg. those in apprenticeship schemes.

In agreement with the European Trade Union Confederation (ETUC), the LO has been exporting part of its grassroots recruitment/organizing model to Eastern European countries. In St. Petersburg and other tourist towns, it has trained young people for summer jobs; they are sent into the hotels, restaurants and bars to contact new recruits. LO has also been making use of international trade union networks between parent and subsidiary companies. For example, if a Norwegian company fails to respect the rights of young workers in its Lithuanian subsidiary, the Norwegian LO trains the young workers in Lithuania and Norway to share information by e-mail to defend their rights.


Create an attractive trade union membership which is accessible to all young people:
by providing special services and publications and training for young members on young workers' rights, career planning and job search;
by offering special trade union membership to students and unemployed young people;
ensure that young people benefit from trade union membership through incorporation of their issues in trade union policies and programmes.
In France, the Force Ouvriere is trying to reach out to young workers in precarious jobs by adapting its services (giving legal advice without any obligation to join the union) and lowering its membership subscription.

In India, the HMS distributed postcards with text demanding proper social safety nets, vocational training, education and jobs for young people. The signed cards were sent to members of Parliament and international financial institutions. They also highlighted the problems of young women workers by organizing training sessions specially for them. They also organized a 1000 kilometre march to encourage unionization among young people.


Integrate young people into unions

Unions need to give youth the means to make their voices heard within the labour movement. The new generation in the trade union movement is often hardly seen and their voices not heard - because they are hardly represented at the decision-making level, and they do not receive sufficient support to set up youth structures and youth committees or to implement youth policies and activities. Trade unions need to change their culture and procedures to ensure the full integration of youth in the trade union movement.

Checklist:


Establish youth structures and youth committees. These are important for identifying the needs and problems of young members and for developing and implementing adequate policies and activities;
Do not group youth with other special groups. Have separate structures/departments for youth, women, the disabled, etc. otherwise issues of specific concern to one group may tend to be lost/ignored;
Appoint youth on union executive boards, with speaking and voting rights;
Enhance the image of the "beginner" within unions;
Listen and learn from young people;
Support issues and recommendations identified by young trade unionists;
Include youth issues in important political documents of the union.

The Youth Committee of the ICFTU developed two Youth Action Plans which were adopted by the ICFTU Executive Board in November 1999. The Action Plans are for:

(i) organizing and increasing the participation of young people in unions; and (ii) youth employment and education. The Youth Committee also submitted a resolution on "Youth: Starting our Future Now" which was adopted by the 17th. World Congress of the ICFTU in April 2000.


Ease the transition from school to work for young people

The transition from school to work is a critical part of the life of every young person. Young people entering the labour market are hampered by their lack of experience and all too often they have inadequate education or skills, either because they left school too early or because the education and training they received was not suited to the requirements of the labour market. Often, when they do manage to find a job, it is subject to low wages, a low level of job security and an equally low level of social protection - which sets the affected youth on the path towards a vicious cycle of poverty and social exclusion. Young women are much more likely than young men to be adversely affected. Unions should, therefore work with the government, public and private sector training providers, employment/recruitment services, employers to:

Checklist:


Campaign for more public funds to be earmarked for education and skills training, especially targeting young women and early school leavers and dropouts;
Work closely with educational institutions and employers' organizations to update school curricula and skill profiles. Ensure that school curricula provide a broad-based education which adequately equips young people for changing labour market demands;
Provide vocational and on-the-job training for young people, giving special attention to the most disadvantaged;
Call for positive action strategies to ensure equal access for girls and young women to education, vocational guidance and training and retraining;
Develop national qualifications frameworks. Young people should be recognized for their skills and qualifications, whether learned at school or on the job. Help design systems of skills recognition that facilitate job transferability;
Lobby for and assist in the creation of more effective labour market information systems and vocational guidance to enable students, first-time job seekers and unemployed young people - with special attention to young women - to make informed choices concerning their education and working lives, and to enhance their opportunities for a good entrance into the labour market;
Encourage school/work combinations which can enhance students' motivation and educational attainment while allowing them to gain valuable work experience. Methods to encourage work experience while in education include apprenticeships, short ad hoc stages in enterprises while in school, linking part-time work with classroom studies;
Set up special youth training centres to provide guidance and training to school dropouts and young job seekers;
Provide young people advice and counselling services to help them cope with social and personal problems, including on the dangers of drugs, sex education, coping with the independence of earning their own income and living away from home, etc.

In Spain, the CCOO has published a free guide which it distributes in vocational training centres. The guide sets out various techniques for finding a job, gives an overview of workers' rights and describes the services provided by trade unions.

In Brazil, the Forca Sindical (FS) has opened the doors of its five workers' solidarity centres to young people who, once they have received training, can register to look for work. In a single month, more than 27,000 persons aged between 18 to 29 registered and more than half found work.


Address the problem of youth unemployment and help provide more and better jobs for youth

"Job creation and special measures in the labour market are still the keys for young people to get proper access to employment. Trade union action is required to put job creation for young people at the centre of the political agenda during collective bargaining procedures and at the tripartite level". (4) On their own, trade unions cannot create jobs for young people; commitment and involvement of the social partners is essential. At tripartite level and in collective bargaining procedures, trade unions could urge for:

Checklist:


Employment protection laws and the strengthening of legislation governing the employment of young people;
Measures - such as a system of subsidies and incentives for employers, shorter working hours and reduction of overtime work - to increase the number of entry level positions for youth;
Appropriate skills and entrepreneurship training and a system of cheap loans for self-employed young people;
Training and retraining facilities for unemployed young people, young people in precarious jobs with specific emphasis on young women, young people with disabilities and those from minority groups;
Replacement of child labourers with young unemployed adults;
A specific system of subsidies and incentives for employers to hire young people;
The abolition of "last hired, first fired" practices which heavily penalize young people;
Rejection of the concept of cutting youth wages in order to create jobs, which would mean a further deterioration of young people's jobs;
Better working conditions, fighting wage discrimination against young workers and promoting the principle of equal pay for work of equal value;
Social protection for all, including young people. Young people need a level of basic security to enable them to develop their skills and creativity, and to take advantage of labour market opportunities.

At the international level, trade unions should:


Participate in and support the recommendations of the Youth Employment Network that has been launched by the ILO's Director-General, the United Nations Secretary-General and the World Bank's President [ $ description of the network in the box above];
Assist in the collection and dissemination of good practices from different parts of the world for the creation of decent work for youth.

Forca Sindical (FS) has achieved the introduction of tax incentives for companies hiring young people. It also negotiated a collective agreement with a Brazilian subsidiary of the Caterpillar Company which stipulates that the employer should take on young workers on a part-time basis (as part of an apprenticeship scheme) at the same rate of pay as other workers.

In Lithuania, unions have waged a campaign against multinationals that were playing the employment card to drive down wages paid to young workers in a situation where jobs are limited. The youth section of the national centre, LPSS demanded that collective agreements be respected and that foreign employers be obliged to translate the terms of any contract into the national language.

3. Older Workers

"We envisage a world where elderly women have decent pensions and are not reduced to misery and want; where they are not forced to do menial jobs in order to meet their daily needs. We see a society which does not consider older people useless and insignificant, but values them for the contribution they have made and continue to make". (5)

The rights of older persons
Independence: Older persons should have access to food, water, shelter, clothing, health care, work and other income-generating opportunities, education, training and a life in safe environments.

Participation: Older persons should remain integrated into community life and participate actively in the formulation of policies affecting their well-being.

Care: Older persons should have access to social and legal services and to health care so that they can maintain an optimal level of physical, mental and emotional well-being. This should include full respect for dignity, beliefs, needs and privacy.

Self-fulfilment: Older persons should have access to educational, cultural, spiritual and recreational resources and be able to develop their full potential.

Dignity: Older persons should be able to live in dignity and security, be free of exploitation and physical or mental abuse and be treated fairly regardless of age, gender and racial or ethnic background.

Source: Operational Framework for the International Year of Older Persons: Report of the Secretary-General, United Nations General Assembly, 1997 (A/52/328).

Over the last half century, some 20 years have been added to the average life span. Longevity is one of the great achievements of the twentieth century. However, the ageing of the world's population is producing unprecedented challenges to citizens, policy makers and the labour movement - relating not only to the protection of the economic and social security of older persons but also to the elimination of discrimination on the grounds of age - and, importantly, the elimination of double discrimination on ageist and sexist grounds.

The number of persons aged 60 years or older is currently estimated to be about 600 million and is projected to grow to almost 2 billion by 2050, at which time the population of older persons will be larger than the population of children for the first time in human history. Although the proportion of older persons is now highest in industrialized countries, the major growth of the world's oldest population will be in developing countries.

Women account for the bulk of the over 60 years population in almost every country of the world. The feminization of later life is occurring at a much more rapid rate in the less developed regions, and will be compressed into a much shorter time frame. Within the next twenty-five years, nearly three-quarters of the world's older women will be living and working in the developing world, particularly in Asia. Poverty in old age also has a strong gender dimension; since female life expectancy is higher women tend to stay in poverty longer at the end of their life. Older women have less economic security in old age, because they have been working in the household or informal economy, have interrupted working lives, have lower-paid or part-time jobs, have weaker property rights, benefit less from pension schemes.

In the world of work, the "older worker" is, however, not defined only by chronological age. For "older women", other sociocultural factors associated with the loss of "youthful" beauty appear to also play a significant role in determining when a woman worker is considered old. There is mounting evidence that ageist and sexist stereotypes are effectively withdrawing women as young as 35 years from the labour force on the grounds that they are "too old" for work. In a growing number of countries, women as they approach their mid-thirties are more likely to be made redundant, less likely to find alternative employment, than other groups within the labour market.

Sexist and ageist discrimination means that women become increasingly vulnerable over their life cycle and many do not have basic economic security in their old age. Women face a much higher risk of a drastic drop in living standards when they retire. "Poverty among women in old age is not the result of a random or accidental process. It is in large part a result of the fact that most societies relegate women to inferior economic positions throughout their lives". (6)

As part of its commitment to supporting "a society for all ages", the trade union movement has been looking at the issues of its older members and the role of older people in society in general. The main concerns have been the establishment or maintenance of a system of social protection for such workers and the elimination of discrimination on the grounds of age. Unions are also exploring how older and retired workers can actively contribute to the labour movement. Not only can older persons' experience be a valuable resource, but their presence in the movement can also give trade unions wider public appeal. In particular, trade unions are recognizing that the position of older women is an urgent one for action. Trade unions can:



Raise awareness of the issues concerning older workers, in particular older women workers;
Adopt a rights-based approach to address the issues of older workers;
Support "a society for all ages" to ensure that no one group is excluded from society's benefits on the grounds of age;
Reform union constitutions and structures to actively involve older workers and retirees;
Include the concerns of older workers, particular older women workers, in collective agreements;
Provide services aimed at older workers, especially older women workers.


Raise awareness of the issues concerning older workers, in particular older women workers

With human capital - the knowledge and know-how embodied in people - now a dominant determinant of national economic performance and enterprise productivity, discrimination against older workers involves a heavy economic price through wasting or limiting their human resource potential:

"The union movement simply cannot afford to waste a resource as precious as the combined experience, knowledge and dedication of its retired members" (7)

Unions could, therefore:

Guidelines:


Help to educate society, including lobbying political leaders, employers and their own union members, about the capabilities of older workers, in particular older women workers - emphasizing their contributions to society and their potentials, rather than their neediness;
Broaden the base of the union's public appeal by conducting public awareness campaigns about the special issues and problems faced by older people, in particular older women, in their communities;
Tackle negative societal stereotyping about the abilities, preferences and roles of older workers; for example through awareness raising seminars and workshops for employers and workers, and programmes to forge better understanding and solidarity between workers of different ages;
Tackle sexist and ageist stereotypes that doubly discriminate against women workers:

In the past, airline companies could legally require airline attendants, at that time all female, to cease in-flight work at age 35 on the grounds that they were no longer considered attractive enough to please the predominantly male customers. While this is now mainly outlawed, evidence suggests that it remains common for many women over 35 to be restricted or denied employment opportunities in "public image" positions, such as receptionists, secretaries, waitresses, television anchor women, because they are no longer considered attractive enough to please the public.

Undertake out-reach programmes beyond retired union members to make other older workers, in particular older women workers, aware of their rights and entitlements - so that they have the capacity to "name, blame and claim" [ Box above].


Adopt a rights-based approach to address the issues of older workers

There are essentially two main approaches to addressing the concerns of ageing. One is a needs-based approach, focussing on meeting the needs of the old, in particular for pensions and health care. But such an approach tends to perpetuate the stereotype of the old as unable or unwilling to participate in and contribute to their own support. It entrenches the perception that as a group, they are inactive recipients of services, aid and charity - or a burden.

In contrast, the rights-based approach recognizes the right of older persons to non-discrimination and to equality of opportunity and treatment in the provision of services and the pursuit of decent work. The rights-based framework also shifts the perspective from regarding older people, especially women, as helpless and vulnerable, to a greater emphasis on their contributions to society (largely invisible and unrewarded) and on their productive potentials.

Unions should adopt the rights-based approach and support policy reform, including international legal reform, to promote the right of older persons to non-discrimination and to equality of opportunity and treatment in the provision of services and the pursuit of decent work. (8)

Currently, there exists no legally binding universal instrument directly calling for national policies to eliminate and outlaw discrimination in access to employment, training and work conditions on the grounds of age. For example, many countries have ratified the ILO Discrimination (Employment and Occupation Convention, 1958 (No. 111) and the United Nations Convention on the Elimination of Discrimination against Women (CEDAW). But age is not listed as one of the seven grounds upon which discrimination is prohibited by these conventions. And for a woman, it has been suggested that as she grows older or is perceived to be older, her access to rights within the scope of these international instruments tends to diminish, for example because of misconceptions reinforced by a youth-obsessed media and society's lack of recognition of the significant economic contribution of older women workers.

Therefore, trade unions are urged to monitor closely and to support a proposed Optional Protocol to the ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111), as it represents a crucial opportunity to create a comprehensive legal basis in international law to promote the rights of older workers in general and older women workers in particular.

Moving towards international legal reform
The Committee of Experts, which in 1996 examined the issue of emerging new grounds of discrimination in the world of work, has recommended that the ILO consider the adoption of a Protocol to be annexed to the fundamental ILO Discrimination (Employment and Occupation) Convention, 1958 (No.111). The Convention currently lists seven prohibited grounds of discrimination - race, colour, sex, religion, political opinion, national extraction and social origin.

Age has been identified as an emerging new ground to be included in the Optional Protocol. If such a Protocol would be adopted, there would be greater clarity of legal obligation to combat age discrimination, which will be as unacceptable as the other specified grounds of discrimination. It would also highlight the double discrimination that an older woman worker may face.

In promoting the rights of older workers, especially older women workers, unions should give particular attention to:

Guidelines:


The right of older workers to opportunities for decent work. In contrast to the stereotype of the frail, dependent older person, many men and women of "retirement" age are still fit, able and willing to work. The concept of "retirement" is linked to the idea of an "active working life" - that after a certain age, people are no longer fit or able to work, that older workers are "worn out " and should retire, and that there is a related inherent desirability of not working. Older women in particular tend to have their active working life cut short through various forms of discrimination, despite the fact that they still want and need to work.
The entitlement of older workers to an adequate level of social protection. Retirement can mean opportunities for more leisure and not involve a substantial drop in standard of living only if older workers are able to support themselves financially and maintain a reasonable level of healthcare provision (9). With globalization, more flexible labour markets and an increasing informal sector, growing numbers of women are unsupported by formal social protection at different stages of their life cycle, particularly in old age and adversity. At the same time, many governments have been reforming existing social security systems within the context of an ageing population. But such reform is often undertaken without gender considerations, leading to high social costs especially for older women. For example, many pension schemes are based on the idea that employment has been continuous throughout an individual's active working life. But women take breaks to raise children or look after other dependents. Women also are in lower-paid jobs which are often not part of occupational pension schemes. They also tend to have longer life expectancy than men, but when their spouses die, widows often get reduced pension support or may lose it altogether.
Promoting purposeful lifelong learning as a pro-active measure to support the right of older workers, especially older women workers, to decent work. Lifelong learning is a long-term, preventive strategy that is far broader than just providing "second chance" education for those adults, especially older women, who were not provided with initial quality education and training in their childhood or youth. Lifelong learning is about delivering job-relevant learning and continuous training to enhance the employability of older workers, in particular older women, and to enable them to adapt to more flexible working lives. Lifelong learning rejects the notion of an age-structured society, where education is, in the main, a one-off event experienced early in life. Rather, it embraces a learning society where everyone is motivated, able and actively encouraged to learn throughout life. Lifelong learning is, therefore, an effective solution to avoid a vicious cycle of poverty and social exclusion.
Policies to balance work and caregiving are crucial for mid-life and older workers, especially older women. Recent reductions in public health care expenditures combined with society's continuing expectation that women are responsible for the "care economy" make it increasingly difficult for mid-life and older women workers to access and maintain decent work. Hence, it is very important for unions to lobby for and negotiate collective agreements for work-life policies which include not only child care but also elder care and other forms of caregiving for both men and women workers. Provisions for elder care are especially relevant for mid-life and older women workers, given the increase in their caregiving duties.

The American Federation of Labor-Congress of Industrial Organisations (AFL-CIO) appreciates that elder care is one of the least recognized needs of working people. In particular, the AFL-CIO notes that nearly three-quarters of all informal caregivers are women, and that many of these working women not only provide elder care but at the same time are also responsible for the care of children. In response to this, the AFL-CIO has produced a Fact Sheet on Bargaining for Elder Care, which provides strategies and examples of successfully negotiated agreements. Strategies include:

Strategy 1: Resource and referral service: Finding high-quality, reliable, affordable care can be difficult for working people. Resource and referral services can help match employees with appropriate and available care givers, taking into consideration the special needs of each family. Employers can either contract with outside referral agencies or handle referrals in-house;

Strategy 2: Elder care tax programmes and funds: Tax programmes in the United States, such as the Dependent Care Assistant Plan, allows an employee to set aside up to $5,000 of his or her earnings in a tax free account to pay for elder care or child care. The only cost to an employer is in its administration. Information on such options, or variations of such options depending on the tax programmes available, can be disseminated to employees and negotiated on their behalf;

Strategy 3: Family leave: Negotiating flexible working schedules, including time off, to care for an elderly or dependent is often helpful for meeting working families' elder care needs. Accessing family leave is, however, often thwarted by the attitudes of managers who approve the leave or flexible working arrangements. Thus creating an environment conducive to the taking of family leave is as critical as negotiating the leave benefits in the first place;

Strategy 4: Support services: Some unions directly provide, or work with employers to provide, information and support as a way of addressing their members' elder care needs. This strategy can help working people make decisions about elder care strategies and reduce personal stress. Such services include counselling, information and referral services, seminars, support groups, handbooks and videos and the formation of work and family committees.

Source: AFL-CIO Fact Sheet: Bargaining for Elder Care www.paywatch.org/women/f_elder.htm


Support "a society for all ages"

"We may think of a society for all as one that adjusts its structures and functioning, as well as its policies and plans, to the needs and capabilities of all, thereby releasing the potential of all, for the benefit of all. A 'society for all ages' would ....enable the generations to invest in one another and share in the fruits of that investment, guided by the twin principles of reciprocity and equity". (10)

To support a society for all ages, trade unions must, importantly, ensure that no one group is excluded from society's benefits on the grounds of age, neither old nor young. However, unions are often confronted with the dilemma of balancing the contradictory issues of high unemployment, particularly among the young, with the needs of an ageing workforce. Unions can:

Checklist:


Negotiate more flexible working practices that benefit the workforce of all ages, including:
Promote solidarity between the generations, eg. through mentoring programmes between older experienced workers and young workers;
Ban age discrimination in collective agreements. Give particular attention to protecting women workers from sexist and ageist discrimination;
Lobby for a legal basis, including supporting international legal reform, for outlawing age discrimination [ Box above on the proposed Optional Protocol to the ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111) ].


Reform union constitutions and structures to actively involve older workers and retirees

The active participation of older workers, in particular older women, in advancing their rights is an essential mechanism to guard against those rights becoming burdens. Providing older workers with a collective voice - through the right to organize and collective bargaining - is pivotal to facilitating meaningful participation.

While associations of retirees and retired trade unionists are relatively common in industrialized countries, it has only been in more recent years that trade unions in developing countries have been giving attention to organizing older people as a separate and special category. To organize older workers and retirees, trade unions can:

Checklist:


Keep statistics on the proportion of union membership that is retired.
Allow retired workers to retain membership of their union. Often this involves retired workers paying reduced dues and having reduced rights of participation:

In Iceland, the Federation of State and Municipal Employees (BRSB) offers continued membership to its retired members, although with reduced rights of membership. They cannot vote for agreements or strikes but they have three representatives in the congress of the BRSB. The union represents its retired members, making agreements and rules on pension funds, etc.


Adapt union constitutions to include the setting up of an organization or branch for older and retired workers:

In Italy, there is a large confederation with branches all over the country and more than 5 million retirees and pensions who are members of three trade union organizations, Sindacato Pensionati Italiana-Confederazione Generale Italiana Lavoro (SPI-CGIL), Federazione Nazionale Pensionati-Confederazione Italiana Sindacati Lavoratori (FNP-CISL) and Unione Italiana Lavoratori Pensionati-Unione Italiana Lavoratori (UILP-UIL). Membership is on the basis of a formal or individual request and the contribution is a percentage of the pension.

Give particular attention to older women workers, for example through specific union structures that enable them to project an independent voice. Helping older women to organize will increase the likelihood that their specific concerns may be heard by the social partners. But their ability to instigate change through organization is limited unless they understand their rights and entitlements. Capacity building programmes for older women workers are crucial if they are to be able to "name, blame and claim";
Take advantage of the pool of retirees' experience and expertise when conducting union campaigns.

Unions are reaching out to their most experienced members for organizing, legislative and political action and community activities. Retiree involvement can be a catalyst to boosting organizing efforts, electing pro-worker candidates, winning family-friendly legislation and improving labour's image in the community.

The experience of different local unions of the AFL-CIO has shown that:

  • Union retirees who have experienced the 'union difference' are in a unique position to aid in organizing by explaining to non-union workers how unions benefit working families by gaining higher wages, better benefits and larger pensions. For example, one woman retiree-organizer makes house calls to non-union nursing home workers, her 28 years working in that field gives her strong credibility with the workers she visits.
  • Local unions that fully involve their seniors improve the chances of electing pro-worker candidates and gaining vital labour legislation. For example, when the Hatch Act barred federal employees from participating in political action, federal and postal retirees were their unions' front-line political activists. Largely because of retirees' activism, the law's restrictions were eased. Federal and postal union retirees continue to provide their unions with extensive political groundwork, including phone banking, membership mailings, leafleting, attending candidate forums, registering voters, writing letters, poll watching and getting out the vote on Election Day.
  • Unions are most successful at involving retirees in legislative action when they target issues that have a direct impact on retirees' lives and when they actively work to maintain retirees' continued participation. For example, Social Security and Medicare, both critical issues in 1999, provided ample opportunity for local unions to mobilize their retirees for action. The key to mobilization is motivation. "Seniors will turn out if you give them some stake in the outcome. Let them know how legislation may affect them or their children or grandchildren.
  • Local unions that seek community support for organizing, bargaining, political and legislative efforts know that enlisting local groups as partners is not a one-way street: You have to give to get. Retirees often have long term community ties and the time and desire to offer hands-on volunteer support that can strengthen the union's ties to local food banks, soup kitchens, hospitals, schools, libraries, civil rights groups and other community organizations.

Source: AFL-CIO: America@work- Retired and Ready to Go.

Website: http://www.aflcio.org


Include the concerns of older workers, in particular older women workers, in collective agreements

Checklist:


Ban age discrimination in collective agreements;
Negotiate for promoting and protecting the rights of older workers. Among the important provisions for older workers, in particular older women workers, would be pensions, healthcare, lifelong learning and measures for balancing work and caregiving;
Where rules of recognition do not permit the membership of retirees or pensioners, the union should take their interests into account during negotiations or negotiate on their behalf.


Provide services aimed at older workers, especially older women workers

Unions can provide a range of services or facilities to help address the economic and social needs of older workers, in particular older women workers. These services should not be a substitute for collective bargaining nor a substitute for the responsibilities of the State. Rather, the special services are a way of making unions more relevant to the lives of older workers and can be regarded as an organizing strategy. The services can include:

Guidelines:


Setting up advisory and information networks for older workers, especially older women workers, to enable them to access legal and social services;
Helping retirees to set up mutual aid programmes and mutual aid funds;
Setting up low-cost medical insurance schemes for older workers;
Setting up programmes of physical education and sports events to help retired people maintain a reasonable state of physical health;
Providing for other cultural and recreational events and programmes;
Campaigning for and with widows and widowers;
Helping mid-life and older women workers have access to elder care arrangements.

4. Workers with disabilities

"Making sure that workers with disabilities have the same right to dignity, autonomy and to reach their full potential must be part of trade union strategy" (11)

Some 600 million people or one tenth of the world's population today and an estimated 386 million of the world's working age population have some form of disability - physical, intellectual or sensory impairment, medical conditions or mental illness. Such impairments, conditions or illnesses may be permanent or transitory.

Nowadays, disability is regarded not merely as an individual condition but is defined by the relationship between disabled people and their environment. The British Trades Union Congress (TUC), for example, emphasizes the social definition of disability: "Although disabled people have mental, sensory and physical impairments, these impairments do not cause their disabilities. People with impairments face unjustifiable discrimination, and consequent exclusion from employment, education, housing and transport. This discrimination, not the impairment, is the disability". (12) The Standing Committee on Equal Opportunities has recommended to Education International Europe a change in terminology from "disabled" to "differently-abled" persons to help break down some of the attitudinal barriers towards disability.

Unemployment rates for people with disabilities are twice as high as those for non-disabled people. The duration of joblessness is around three times that of people without disabilities (13). Even those who are employed confront ignorance and discrimination not only from employers but also their own workmates.

Throughout the world, women bear the main burden, not only in dealing with their own disabilities, but as the main carers for those with disabilities. In caring for the disabled, the work burdens of women inside and outside the home increase accordingly. Women with disabilities: (14)


are more likely to be poor or destitute;
are more likely to be illiterate and without vocational skills;
are more likely to be unemployed;
have fewer appropriate services available to them, and compared to men with disabilities, have less access to rehabilitation services;
have less chances of finding a partners and founding a family;
are often physically and sexually abused or left alone by the father of their children;
are more likely to be without family or community support (including physical, financial and emotional support);
suffer greater social isolation due to the stigma of disability and related myths and fears.

Women with disabilities are often serious victims of "double discrimination". Statistics speak for themselves. In the Congo, illiteracy among women with disabilities in rural areas runs at 30 per cent. In the United States, a government survey found that only 3.8 per cent of women with disabilities had college degrees, compared with 20 per cent of women without disabilities. In Latin America, women with disabilities earn less than half of their male counterparts' income. (15)

Relevant ILO Standards:

Vocational Rehabilitation (Disabled) Recommendation, 1955 (No.99);

Convention concerning Vocational Rehabilitation and Employment (Disabled Persons), 1983 (No.159); and

Recommendation concerning Vocational Rehabilitation and Employment (Disabled Persons), 1983 (No.168)



Convention concerning Vocational Rehabilitation and Employment (Disabled Persons), 1983 (No.159)
Article 1

1. For the purposes of this Convention, the term "disabled person" means an individual whose prospects of securing, retaining and advancing in suitable employment are substantially reduced as a result of a duly recognized physical or mental impairment.

Article 3

The said policy shall aim at ensuring that appropriate vocational rehabilitation measures are made available to all categories of disabled persons, and at promoting employment opportunities for disabled persons in the open labour market.

Article 4

The said policy shall be based on the principle of equal opportunity between disabled workers and workers generally. Equality of opportunity and treatment for disabled men and women workers shall be respected. Special positive measures aimed at effective equality of opportunity and treatment between disabled workers and other workers shall not be regarded as discriminating against other workers.

Article 5

The representative organizations of employers and workers shall be consulted on the implementation of the said policy, including the measures to be taken to promote cooperation and coordination between the public and private bodies engaged in vocational rehabilitation activities. The representative organizations of and for disabled persons shall also be consulted.



The rights of 'differently-abled' persons
Education International/Europe has adopted a policy on 'differently-abled' persons in the education sector based on the following principles:
  • All persons have a right to dignity and respect.
  • Differently-abled persons have the right to make their own decisions about their lives and to be consulted fully over policy development and implementation.
  • EI/E believes disability should be defined in terms of rights and entitlements and an accommodation for difference. This definition requires action for full social inclusion rather than segregation and exclusion.
  • Differently-abled persons have equal rights to education, training and employment.
  • All persons have a right to work and learn in a safe, secure and healthy environment.
  • Differently-abed persons have entitlement to such social security benefits and social services as is necessary to empower them to live, learn, work and participate in the civil, economic, political, social and cultural aspects of society.
  • All differently-abled persons have the right of access to free health care according to their needs.
  • For high quality teaching and learning to take place, arrangements, including working conditions, accommodation and class sizes, must take account of the needs of both students and teachers.

Trade unions have a fourfold responsibility towards workers with disabilities:


at the union level - to recruit, organize and integrate workers with disabilities into the labour movement, making it clear that each individual 'differently-abled' person is as important as any other member, with as much right to have his or her voice heard;
at the national level - to campaign for and participate in the elaboration of comprehensive national policies and the definition and adaptation of laws and regulations concerning people with disabilities; and to ensure that people with disabilities are fully consulted and involved in the development and implementation of such policies;
at the enterprise level - to negotiate collective agreements and to be actively involved in "disability management" to enable workers with disabilities to obtain, keep, advance in or return to work; and
at the level of individual workers with disabilities - to provide concrete assistance through union-sponsored services, such as for vocational training, recruitment and hiring assistance and help with the countless and difficult procedures that must be completed by persons with disabilities.


Recruit, organize and integrate workers with disabilities into unions

Workers with disabilities should enjoy the right to participate fully in trade union structures and functions as in any other societal institution. To promote equality for persons with disabilities within their own internal structures, unions should:

Guidelines:


Directly consult members with disabilities, and offer better support and information, such as through the setting up of special committees of departments.

In Italy, CGIL followed up the establishment of its Department on Disability with a permanent office for women with disabilities.

In Cote d'Ivoire, DIGNITÉ has an internal unit for persons with disabilities.

In the United Kingdom, MSF has a national disability officer and publishes regular bulletins and factsheets to inform members with disabilities and raise awareness among the general membership.

UNISON,UK has a National Disabled Members Committee which works with other national committees and outside organizations to further the cause of persons with disabilities.


Create opportunities for networking to enable members with disabilities to find a unified voice. People with disabilities themselves are placed best to formulate their own needs and wishes, and unions need to consult and involve people with disabilities and their organizations and establish networks at international, national and local levels. But unions ought to take care not to isolate or "ghettoise" people in any of such structures. The Charter of Fundamental Rights of the European Union, Article 24 states that people with disabilities are themselves best placed to determine their own needs and how to "ensure their independence, social and occupational integration and participation in the life of the community".

In the United Kingdom, UNISON provides for a national conference of members who are disabled persons. The direct involvement of persons with disabilities is known as self-organization. The conference proposes policy and identifies campaign priorities. It links with the national committee and with the union policy-making forums. It also links with other self-organized sectors in the union, such as lesbians and gays, women workers and black workers. For example, the lesbian and gay structure has a caucus for lesbian and gay members who are also disabled persons. UNISON initiatives on behalf of people with disabilities are carried out in cooperation with disability associations and specialists, such as sign language interpreters.

Educate trade union members and conduct awareness raising courses to change outdated attitudes towards people with disabilities - this is vital for promoting their integration into unions.
Make unions a more welcoming place for persons with disabilities by changing language and changing attitudes. Trade unions should provide guidance to their members to use language that is sensitive and inclusive when talking to - or talking about - persons with disabilities (16). They can consider changing their terminology from 'disabled' to 'differently-abled' persons so as to help break down attitudinal barriers toward disability.
They should also reject stereotypes which accentuate false notions of 'normality' and build barriers between 'them' and 'us'. For example, there are English words that are offensive and inaccurate and have therefore become unacceptable, such as 'cripple' or 'spastic' or 'mongol'. Persons with disabilities or 'differently-abled' persons do not necessarily regard themselves in a negative light as 'victims' or 'sufferers'. Trade unionists who use offensive or outdated language to talk to or about people with disabilities, immediately send out the message that they are ignorant or unprofessional. Unionists should not become unnaturally self-conscious or awkward in relating to 'differently-abled' persons. Such actions would discourage workers with disabilities from believing the movement can represent their interests.
Since trade unions are employers in their own right, they should not overlook their role as model employers in the recruitment and retention of staff who have disabilities.

Checklist to assist unions to represent their members with disabilities
The Trade Union Congress (TUC) United Kingdom has issued a 'non-exhaustive' checklist to assist unions to represent their members with disabilities:
  • Have you and your officers undergone training in the new law?
  • What disability awareness training does the union provide its officers and members?
  • Does the union or branch know how many members with disabilities it has?
  • Do you monitor applications from persons with disabilities?
  • Are persons with disabilities adequately represented at all levels of the union organization?
  • What is the union's record as an employer of persons with disabilities?
  • Have the union rules or by-laws been reviewed in the light of the new law?
  • Does the union encourage applications from persons with disabilities and, if so, how?
  • Do your membership application procedures cause any difficulties for applicants with disabilities?
  • Is the union's recruitment and other literature available in alternative formats (Braille, large print, audio-visual material)?
  • Do persons with disabilities feature in the published images of the union?
  • Have you carried out (and acted upon) a disability audit of union premises?
  • Are all buildings and rooms in which union meetings at all levels are held accessible to persons with mobility impairments?
  • Do you select venues for union events (which are not owned or controlled by the union) with the needs of members with disabilities in mind?
  • What arrangements do you make at conferences, training seminars or meetings for the needs of members or delegates with sensory impairments?
  • Do you include disability as an issue in shop steward training or collective bargaining and equal opportunity policy making?
  • If the union provides welfare benefits or insurance-related services, are these open to full participation by members with disabilities?
  • What adjustments might you make to other benefits, facilities or services that you offer to members in order to ensure equal participation by members with disabilities?
  • Does the union or section have an equal opportunities policy and what does it say about persons with disabilities both as members and as union employees?
  • Does the union or branch office have a Minicom telephone service or similar communication aid?
  • If union premises are used for functions by outside bodies, what arrangements do you make to meet the needs of persons with disabilities who might wish to attend those functions?

Source: ICFTU. 2000. A Lame Excuse A Fight for the Rights of Workers with Disabilities. Brussels: ICFTU, pp.21-22.


Campaign in society for the rights of people with disabilities to dignity, autonomy, self-respect and to reach their full potential in life and work

Trade unions have a crucial role to play in campaigning for the implementation of existing legislation which assists workers with disabilities and for an enhanced legal framework and public policies and initiatives that take account of the problems facing workers with disabilities and promote their full participation in the workplace and in society. Trade unions, on their own behalf or in alliance with other players in the civil society and fully consulting and involving workers with disabilities, can take action as part of "social unionism" to:

Guidelines:


Campaign for the ratification and application of the ILO Convention on Vocational Rehabilitation and Employment (Disabled Persons, 1983 (No.159);
Push for existing legislation to be fully implemented and campaign for improved public policies benefiting persons with disabilities. To promote the employment of people with disabilities, a whole arsenal of public policies and initiatives are possible, including financial incentives, improved recruitment procedures, assistance in adapting workplaces, incentives for work-related disability prevention, awareness raising campaigns, statutory quota systems for filling jobs and training places with disabled persons or levies and funds directed at assisting workers with disabilities and penalizing employers who fail to adhere to quota requirements, etc. Trade unions have a responsibility to push for more encompassing strategies which should include improved educational opportunities, vocational training and guidance, better access throughout society, and especially to public transport and social facilities;
Help promote education and raise awareness both to inculcate positive public attitudes and to boost confidence and self-esteem among persons with disabilities. Give particular attention to the double discrimination faced by women with disabilities;
Help publicize examples of good practices involving partnerships of the State, employers and workers' organizations for the integration of persons with disabilities into the workplace and society. Emphasize that the integration of 'differently-abled' persons, far from representing additional costs, is a potential asset to the enterprise and society;
Campaign to ensure that legislation and social protection regulations empower workers with disabilities and offer them real choice rather than restricting their opportunities. Many governments have set up special segregated workshops or factories. While offering opportunities to those who are unable either temporarily or definitely to operate in the usual work environment, sheltered employment also creates a number of problems, importantly the greater isolation of workers with disabilities from the rest of society (17).
Campaign together with political leaders, consumers, people with disabilities, their carers and organizations to ensure that innovations in information and communications technology (ICT) benefit, rather than further marginalize, people with disabilities. Innovations such as teleworking, voice recognition, vibrating mice, braille keyboards and scanners should in theory make it easier for people with disabilities to play an active role. But employers may choose to avoid the perceived cost or inconvenience of adapting workplaces . Also, advanced technology is often out of the price range of people who need it. Or new technology may not be differently-abled user-friendly. Trade unions should campaign to ensure that the development of technology meets social needs. In particular, women have a dual interest in the development of differently-abled user-friendly technology - as members and as carers of the population with disabilities.
The Portuguese government issued a Green Paper in April 1997 concluding that information technologies offer major potential for helping people with disabilities to integrate with the rest of society. This led to the setting up of the National Initiative for People with Special Needs, designed to help people with physical or mental disabilities, elderly people or those confined to their homes to use new ICT to improve the quality of their lives. The initiative was guided by five principles:
  • development of economically accessible products and services;
  • the concept of 'universal design' to create products and environments to be used by the greatest number of people;
  • research and development of knowledge and skills to promote integration;
  • more dynamic cooperation between the public and private sectors and users in developing technologically advanced products tailored to peoples' requirements;
  • promoting greater awareness about integrating people with special needs.

Source: ICFTU. 2000. A Lame Excuse A Fight for the Rights of Workers with Disabilities. Brussels: ICFTU, p.11.


Promote equality of opportunity and treatment in employment for workers with disabilities

Enabling people with disabilities to work is part of basic workers' rights and social justice. For workers with disabilities, especially women with disabilities, work is crucial for economic independence and key to social integration. To promote equality of opportunity and treatment for all persons with all types of disabilities to secure, perform and retain suitable employment and to achieve satisfactory occupational integration, trade unions should:

Guidelines:


Work with Governments and employers to implement the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities and also relevant ILO standards:

UN Stardard Rules on the Equalization of Opportunities for Persons with Disabilities
Rule 7. Employment

States should recognize the principle that persons with disabilities must be empowered to exercise their human rights, particularly in the field of employment. In both rural and urban areas, they must have equal opportunities for productive and gainful employment in the labour market.

1. Laws and regulations in the employment field must not discriminate against persons with disabilities and must not raise obstacles to their employment.

2. States should actively support the integration of persons with disabilities into open employment. This active support could occur through a variety of measures, such as vocational training, incentive-oriented quota schemes, reserved or designated employment, loans or grants for small business, exclusive contracts or priority production rights, tax concessions, contract compliance or other technical or financial assistance to enterprises employing workers with disabilities. States should also encourage employers to make reasonable adjustments to accommodate persons with disabilities...........

6. States, workers' organizations and employers should cooperate to ensure equitable recruitment and promotion policies, employment conditions, rates of pay, measures to improve the work environment in order to prevent injuries and impairments and measures for the rehabilitation of employees who have sustained employment-related injuries..............

8. Measures should be taken to include persons with disabilities in training and employment programmes in the private and informal sectors.

9. States, workers' organizations and employers should cooperate with organizations of persons with disabilities concerning all measures to create training and employment opportunities, including flexible hours, part-time work, job-sharing, self-employment and attendant care for persons with disabilities.



ILO Recommendation concerning Vocational Rehabilitation and Employment (Disabled Persons), 1983 (No.168)
................

7. Disabled persons should enjoy equality of opportunity and treatment in respect of access to, retention of and advancement in employment which, wherever possible, corresponds to their own choice and takes account of their individual suitability for such employment.

8. In providing vocational rehabilitation and employment assistance to disabled persons, the principle of equality of opportunity and treatment for men and women workers should be respected.

9. Special positive measures aimed at effective equality of opportunity and treatment between disabled workers and other workers should not be regarded as discriminating against other workers.

10. Measures should be taken to promote employment opportunities for disabled persons which conform to the employment and salary standards applicable to workers generally.


Trade unions and their members with disabilities should press for and be involved in the drawing up and implementation of company-based "disability management" programmes. Because of their intimate knowledge of the enterprise milieu, because they develop information-sharing networks within it and being abreast with the problems of work organizations, trade unions can play an invaluable role in "disability management".


"Disability management"refers to the strategies implemented at enterprise level, which sometimes fall within the framework of codes of good practices jointly worked out by management and labour, which aim to:
  • meet the needs of enterprises stemming from their statutory obligations with respect to the hiring and recruitment, promotion and advancement, retention or return to work of persons with disabilities; and
  • promote innovation by combining financial considerations (how the enterprise can minimize the costs entailed) with social goals of improved occupational health and safety and disability prevention.

Trade unions can play an invaluable role in helping to make workplaces accessible to persons with disabilities so that they may pursue and gain employment in the same way as other people. Trade unionists are also best placed to make recommendations on how jobs may be restructured to accommodate the special needs of differently-abled persons.
Trade unions should push for the adoption of an equal opportunities policy by the enterprise:

Equal opportunities policy for workers with disabilities
The basic elements of a company equal opportunities policy should include:
  • Advertising for staff in ways that will reach and attract differently-abled candidates;
  • Never questioning interviewees with disabilities about their condition unless it is strictly relevant to the task;
  • Creating opportunities for training, promotion and career development;
  • Monitoring disability in the workforce;
  • Identifying jobs which are suitable for people with disabilities;
  • Offering more flexible working patterns, including part-time work, and paid time off for medical reasons;
  • Resolving in a non-divisive way, the specific problems of workers with disabilities.

Source: ICFTU. 2000. A Lame Excuse: A Fight for the Rights of Workers with Disabilities. Brussels: ICFTU. pp.14-15.


Trade unions should use the collective bargaining system to promote equal opportunities for workers with disabilities. Contract language in collective agreements can cover the following measures: (18)
Trade unions should address harassment of differently-abled people coming from management or colleagues at work. They should take action to protect the dignity of differently-abled people at work:
The Graphical, Paper and Media Union (UK) has a policy on Dignity at Work which defines disability harassment as a form of disability discrimination -"it may be defined as any hostile act or expression by a non-disabled person(s) against a disabled person". The policy notes that "disabled people may experience staring and/or uninvited touching, exclusion from social events, people speaking to others rather than directly to them as the disabled person. They may also be asked intimate questions about their impairment, have assumptions made about their lifestyles, for example, that they do not have a social, sexual or private life. They may be the recipient of physical abuse or intimidation, questioning of their work capacity and/or ability by making inappropriate demands or requirements, for instance overzealous scrutiny of sickness records, assumptions or speculation about their impairment".

The policy also draws attention to the employer's responsibility not merely to adopt a general equal opportunities policy but to take specific steps to outlaw harassment and bullying, including a complaints procedure and staff training.

5. Lesbian and gay workers

"It is the year 2000 and still not one country has managed to guarantee the same rights to homosexuals as to heterosexuals. Most of the discrimination occurs in the world of work. Given that the trade union mission is to defend workers and that the rights of homosexuals are trampled on at work, it is normal that the unions should come to the assistance of this minority..........The fight by women to make their voice heard within the trade unions has had a decisive impact. It is often within the 'women's' or 'equal opportunities' departments of trade unions that the first demands from minority groups, increasingly from homosexuals, emerge." (19)

Homophobia describes any negative personal attitudes or behaviours about homosexuality. Homophobia is reinforced by heterosexism, which defines the systematic belief that everyone is heterosexual and that heterosexuality is inherently superior to homosexuality. However, heterosexuality is but one thread within the complex weave of human sexuality. Those who are attracted to members of the opposite sex are heterosexual; people who are attracted to members of the same sex are lesbians or gay men, and those who are attracted to both opposite and same-sex partners are bisexual - all are sexual orientations. Homophobia manifests itself in many ways, ranging from social intolerance and cultural exclusion, to criminalization of homosexual acts. In many countries, homosexuality is still taboo; at best it is viewed as abnormal, at worst a crime punishable by death. It is still illegal in some 86 countries, those where lesbians and gays are most oppressed.

In the workplace, lesbians and gays are harassed, discriminated against in hiring and promotions, and possibly fired without cause (Being lesbian or gay is not a justified cause). Their unmarried partners cannot get the same benefits that heterosexual partners receive as a matter of course. Homophobic attitudes may be just as prevalent among co-workers as among employers. Work colleagues, union members, can be equally mean and vicious to lesbian and gay workers. Shop stewards do not always want to take up blatant discrimination or harassment cases. Homophobic comments or jokes by fellow workers reinforce the feeling that lesbians and gays are different and do not belong.

The lives of lesbians and gay men are incomparably more difficult than those of heterosexuals. Isolation is a very common problem for lesbians and gays; often to be anonymous is to be safe from discrimination. Many do not 'come out' or acknowledge their sexual orientation publicly in the workplace, even if they forego rights for possible same-sex partners. They fear repercussions ranging from the loss of respect to the open hostility of colleagues and employers. They cannot get health benefits for their partners. They pay more taxes as they are not eligible for spousal deductions. Since they are not always considered family members, they might be refused paid leave to take care of, or even entry into hospital rooms to visit sick or dying lifetime partners. They are not entitled for survivors' benefits under pension plans. Children are taken away from lesbian mothers in custody battles by courts for whom the traditional patriarchal family structure is the norm.


Violations of the rights of gays and lesbians
Education International found from the information it collected that contempt for or breaches of the human or labour rights of gay and lesbian teaching and non-teaching staff and students are common. The offenders may be school, work or local authorities, colleagues, classmates, students or parents. In a considerable number of cases, discrimination based on sexual orientation is aggravated by other kinds of discrimination, eg. on grounds of ethnic or national origin, socio-economic condition, handicap, which multiply the risks of aggression and ill-treatment. The most common violations are:
  • psychological pressure and threats;
  • harassment and stigmatisation;
  • isolation and exclusion;
  • practical jokes and contemptuous humour;
  • physical violence, sometimes with serious consequences;
  • direct and/or indirect discrimination;
  • promotion refused or delayed based on sexual orientation;
  • unfair transfers or job changes;
  • unequal work conditions;
  • arbitrary dismissals;
  • unwritten obstacles impeding access to the profession or to work under equal conditions;
  • the spread of negative stereotypes including via the educational process itself;
  • non-renewal of contracts for part-time staff following the revelation, voluntary or forced, of the sexual orientation of the personnel in question;
  • various types of aggression, sometimes of a very serious nature, against gay and lesbian teachers suffering from HIV/AIDS.

Source: First Triennial Report on the Situation of Gay and Lesbian Teachers and Workers in the Field of Education. Doc.E23 presented at the Third World Congress of Educational International.

Unions can fight homophobia in a number of ways. The first step of course is that unions themselves must be alert and sensitive to the numerous difficulties faced by women and men whose only 'offence' is to love differently. Within union ranks, lesbian and gay participation should be encouraged and promoted. Education, awareness raising and sensitization of union rank and file to confront and eliminate discrimination against lesbians, gay men and bisexuals in unions, in the workplace and in society should be a union priority. It is also crucial that unions negotiate collective agreement provisions that ensure that all workers have the same rights and receive the same benefits and that sexual orientation is squarely placed in all anti-discrimination clauses. Unions should, together with employers, have the responsibility to ensure that the workplace is kept free of homophobic harassment. Unions can also engage in public campaigns and legal and political action to eliminate discrimination on the grounds of sexual orientation.

In the struggle for lesbian and gay rights, trade unions can [ PSI and Education International, Working for Lesbian and Gay Members]

Guidelines:


Take action to reduce the isolation of lesbians and gays by:
Strengthen lesbian and gay participation in trade unions: Make the labour movement a welcoming place for lesbian sisters and gay brothers. Create an inclusive environment in the union. Groups working on equality issues in unions can provide support and are natural allies as they have experienced discrimination themselves. Unions must be places where members are not scared to approach their representatives for fear of prejudice and discrimination. Research has shown that among the five major reasons lesbian and gay workers gave for being able to be openly lesbian or gay at work was their union's commitment to lesbian and gay issues. (20) Such commitment can be underscored through:
Education International carried out a survey of trade union policy and action in respect of gay and lesbian members. Seven of the 47 organizations which responded to the first questionnaire in 1999 and 13 of the 35 organizations which responded to the second in 2001 reported some kind of policy which refers specifically to sexual orientation. In some cases, it falls within those policies relating to human rights and non-discrimination. Explicit statements may also be included in the articles of by-law or the ethical/professional codes of conduct. Some of them, although a minority, have begun to implement measures of positive action, such as reserving positions for gay and lesbian colleagues on human and trade union rights or equal opportunity committees. Official policies in general terms question and confront personal and institutional homophobia.

Source: First Triennial Report on the Situation of Gay and Lesbian Teachers and Workers in the Field of Education. Doc.E23 presented at the Third World Congress of Educational International.


Provide space for lesbian and gay members. It is important that lesbian and gay members have a chance to meet together and discuss issues that affect them. Often, this can be difficult within a mainstream union meeting, particularly if there is still hostility to homosexuals. Unions can:
Encourage and promote the active participation of union rank and file members in confronting and eliminating discrimination on the grounds of sexual orientation. Fighting homophobia is not the responsibility of lesbian and gay members alone, it is the responsibility of every member. Unions should:
Negotiate collective agreement provisions to ensure that lesbians and gays have the same rights and receive the same benefits as all other workers. Unions should:


Ensure that union services are available to all members. It is important that union representatives