An allegation was raised that Mr. Spainhower was rude and racist. Spainhower allegedly instructed employees that Spanish was prohibited in the workplace. Employees allege this violates the Zero Tolerance EEO Policy of UPRR.
• Sub Issue: Whether an employer can restrict safety sensitive communications to English Only?
Rules:
Union Pacific strictly prohibits any discrimination or harassment based on a person 's race, color, gender, national origin, age, disability, religion, veteran status, sexual orientation, gender identity, genetic information or any other ground prohibited by law ("protected status").
Facts:
The statement submitted by Albers’ was examined. There were 14 people that alleged that they had been subjected to a discriminatory act by …show more content…
Some of the witnesses indicated that Spainhower made a “no Spanish” prohibition with no references to safety. It was allegedly stated by Spainhower “I don’t want to hear Spanish at work”. Other witnesses indicated that it was specifically related to the radio communications. Several witnesses that said it was radio specific restriction but voiced a concern that it was an unfair restriction. During the interviews several people commented that it was related to the radio then when further questioning occurred they said it was a blanket statement. Other witnesses indicated it was a combined restriction confined to safety or the radio. Some testimony indicated Spainhower indicated it was a UP rule violation, and people wanted to know what rule had been violated. Spainhower did not specify nor was Spainhower asked by the gangs for clarification. Witnesses did articulate that Turpin indicated that if it was safety related English should be the language used. Turpin, was reported to have allowed employees to speak Spanish in the work place as long as it was not malicious or harassing towards others or safety specific. The witnesses affirmed Turpins’ practice as he
• Sub Issue: Whether an employer can restrict safety sensitive communications to English Only?
Rules:
Union Pacific strictly prohibits any discrimination or harassment based on a person 's race, color, gender, national origin, age, disability, religion, veteran status, sexual orientation, gender identity, genetic information or any other ground prohibited by law ("protected status").
Facts:
The statement submitted by Albers’ was examined. There were 14 people that alleged that they had been subjected to a discriminatory act by …show more content…
Some of the witnesses indicated that Spainhower made a “no Spanish” prohibition with no references to safety. It was allegedly stated by Spainhower “I don’t want to hear Spanish at work”. Other witnesses indicated that it was specifically related to the radio communications. Several witnesses that said it was radio specific restriction but voiced a concern that it was an unfair restriction. During the interviews several people commented that it was related to the radio then when further questioning occurred they said it was a blanket statement. Other witnesses indicated it was a combined restriction confined to safety or the radio. Some testimony indicated Spainhower indicated it was a UP rule violation, and people wanted to know what rule had been violated. Spainhower did not specify nor was Spainhower asked by the gangs for clarification. Witnesses did articulate that Turpin indicated that if it was safety related English should be the language used. Turpin, was reported to have allowed employees to speak Spanish in the work place as long as it was not malicious or harassing towards others or safety specific. The witnesses affirmed Turpins’ practice as he