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Equal Employment Opportunity/Affirmative Action and Related Policy Directives
Union Pacific is committed to creating an inclusive environment of mutual respect where equal employment opportunities are available without regard to race, color, sex, national origin, age, disability, religion, military and veteran status, sexual orientation, gender identity, gender expression, pregnancy, or genetic information, so that all employees can contribute to their fullest potential. We seek to recruit, develop and retain the most talented people from a diverse candidate pool. These policy directives explain what Union Pacific expects of its employees.
Prohibition of Discrimination or Harassment
Union Pacific strictly prohibits any discrimination or harassment based on a person's race, color, sex, national origin, age, disability, religion, military and veteran status, sexual orientation, gender identity, gender expression, genetic information, pregnancy, or any other basis prohibited by law ("protected status"). This policy covers all aspects of employment, including hiring, promotions, terminations, pay, and the work environment.
Prohibition of Offensive Behavior & Remarks
Union Pacific is committed to providing a work environment free from offensive behavior and statements directed toward race, sex, or any other protected status. This policy prohibits such offensive behavior and remarks in the presence of other employees, contractors, interns, volunteers, customers, visitors, previously unidentified third parties or others whom employees may come into contact with while working. Please note that this policy prohibits such offensive behavior or statements in the workplace, while representing Union Pacific, while contacting any Union Pacific vendor or customer, while using any social media provided by or sponsored by Union Pacific, and/or during travel or overnight stays paid for by Union Pacific. This policy prohibits such conduct even if no one present is offended by the behavior or remark. Additionally, offensive conduct that is intended to, or can reasonably be expected to, create a hostile work environment may be considered a violation of this policy, even if the conduct occurs off-duty, and/or off property, or through the use of an employee’s private electronic devices. Actions covered by this section include verbal and/or electronic communications, social media, and/or other online activity.
The types of prohibited behavior include, but are not limited to, the following:
- Any offensive or demeaning epithet or remark referring to race, sex, or other protected status, including that which is intended as humor;
- Any offensive or demeaning comment, gesture, or other behavior directed toward another person because of that person's race, sex, or other protected status;
- Use of Company property to display or store material that is demeaning or offensive on the basis of a protected status;
- Share or display of any item or material that is demeaning or offensive on the basis of a protected status, such as a noose, swastika, the initials "KKK," a confederate flag, or pornography;
- Defacement of Company property or personal property of another person for purposes of conveying a demeaning or offensive message based on, or referring to, a protected status; or
- Creation of any graffiti or other anonymous communication that refers to race, sex, or any other protected status.
Union Pacific will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent with the contractor’s legal duty to furnish information.
Union Pacific does not tolerate any type of discrimination, harassment, or offensive behavior based on a protected status. All proven violations of Union Pacific's policies against discrimination, harassment, and offensive behavior will result in appropriate discipline of the employee, up to and including termination. Graffiti or other anonymous communications in violation of this policy are particularly serious, and absent very compelling extenuating circumstances can result in dismissal on the first offense.
Reporting Violations and Questions
Any person who believes that he or she is being subjected to behavior or actions of this nature, or any person aware of such prohibited conduct, has an obligation to report the matter at once. Employees MUST come forward when violations occur or when there is a need for further information or assistance. Any alleged policy violations will be investigated.
You MUST either call the EEO Department at once using the toll-free, 24-hour hotline at 1-866-877-3362 [1-866-UPR-EEOC] or file a complaint online.
Please note that a report of harassment or discrimination to a member of management, agreement foreman, or supervisor is NOT sufficient under this policy. Such behavior must be reported to the EEO Department, which will involve local managers and supervisors as appropriate. Also, anyone who learns about alleged harassment or discrimination, to include Managers and Supervisors, even if he or she did not personally witness the alleged discrimination or harassment, must immediately advise the EEO Department.
Union Pacific Center
1400 Douglas Street STOP 310
Omaha, Nebraska 68179
Prohibition of Retaliation
There will be no unlawful retaliation, including intimidation or threats, against any employee for making a good faith report of alleged violations of our Company's policy against discrimination, harassment, or offensive behavior; opposing any practice believed in good faith to be unlawfully discriminatory; or assisting in or participating in an internal or government investigation of prohibited behavior. Any employee who engages in prohibited retaliation will receive appropriate discipline, up to and including termination. Employees continue to be subject to all job requirements and disciplinary rules.
Prohibition of Sexual Harassment
Union Pacific prohibits sexual harassment of employees, contractors, interns, volunteers, customers, visitors, previously unidentified third parties or others whom employees may come into contact with while working,, representing the Company, or while on Company travel. Union Pacific prohibits unwelcome sexual advances, requests for sexual favors, and other verbal or physical behavior of a sexual nature when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
- Submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such individual; or
- Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance, or of creating an intimidating, hostile, or offensive work environment.
Complaints of sexual harassment MUST be reported at once to the EEO Department by either calling the EEO Department at once using the toll-free, 24-hour hotline at 1-866-877-3362 [1-866-UPR-EEOC] or by filing a complaint online.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) is a federal law that prohibits employers with 15 or more employees from discriminating against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.
It is the policy of Union Pacific to comply with all federal and state laws concerning the employment of persons with disabilities and to act in accordance with regulations and guidance issued by the Equal Employment Opportunity Commission (EEOC). Furthermore, it is Union Pacific’s policy not to discriminate against qualified individuals with disabilities employment. If any applicant or employee believes he or she has been discriminated against based on disability, he or she may make any report and/or complaint to Union Pacific or the Equal Employment Opportunity Commission.
Under the ADA, covered employers must make reasonable accommodations for an otherwise qualified individual with a disability if necessary to provide the person an equal opportunity in employment where such accommodation can be made without undue hardship. Any applicant or employee with a disability may request a reasonable accommodation from Union Pacific. Union Pacific will provide reasonable accommodation to an otherwise qualified individual with a disability that is necessary to provide the person an equal opportunity in hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment unless doing so (1) poses a direct threat to the person or others and the threat cannot be eliminated by reasonable accommodation or (2) imposes an undue hardship to Union Pacific.
Union Pacific will engage in the interactive process with any person requesting a reasonable accommodation. This interactive process may include a request for reasonable medical documentation to allow Union Pacific to ascertain whether the individual has a qualified disability under the ADA, whether the disability necessitates accommodation, and/or what appropriate accommodations may be available. Union Pacific will conduct an individualized assessment of each request for a reasonable accommodation considering all submitted information from the individual, the individual’s medical provider, and any other pertinent information necessary to evaluate the request.
An applicant or employee may request a reasonable accommodation by contacting Health and Medical Services, including the vocational case managers, fitness for duty nurses, occupational health nurses or make a request online. Union Pacific will process requests for reasonable accommodations and will provide reasonable accommodations where necessary in a prompt and efficient manner. Union Pacific’s EEO Compliance staff will administer the policy. Health and Medical Services personnel will implement the reasonable accommodation program system-wide in coordination supervisors and managers.
The Company will also make reasonable accommodation for the religious needs of employees where such accommodation can be made without undue hardship. Persons wishing to request reasonable accommodation based on religious beliefs should contact the EEO Department at 1-866-877-3362 [1-866-UPR-EEOC] or make a request online.
Application of Equal Opportunity and Affirmative Action Programs
Union Pacific’s equal opportunity and affirmative action policies require that employment decisions are to be based on valid job requirements, and extend to all terms, conditions, and privileges of employment including, but not limited to, recruitment, selection, compensation, benefits, training, promotion, and disciplinary actions. Union Pacific undertakes affirmative action to recruit, hire, train, and advance qualified minorities, females, individuals with disabilities, and protected veterans. Under its affirmative action program, Union Pacific undertakes good faith efforts to correct any areas of underutilization and monitors its employment practices for potential discrimination. Persons who would like more information about Union Pacific's affirmative action programs are invited to contact the Director at (402) 544-7033.
In addition to reporting complaints of discrimination or harassment to the Union Pacific EEO Department, you have the right to file a complaint with various federal and state agencies. Telephone numbers for these agencies may be obtained from the posters at each facility or from the EEO Department.
Union Pacific expects each of its employees to be thoroughly familiar with these policy directives and make certain that their everyday actions are in compliance. Violation of these policies will result in appropriate discipline, up to and including termination.
Responsibility for Implementation
As President and CEO, I fully support our affirmative action program, and I am committed to the implementation of the Company’s equal opportunity and affirmative action policies. I have delegated overall responsibility for these policies to our Executive Vice President and Chief HR Officer.