JAB
By JohnBurchall The Human Rights Commission could soon be in a position to order sizable cash settlements for persons whose feelings are injured due to racist or sexist practices in the workplace.
Currently, such provisions do not exist although they have been included in a set of amendments to the existing Human Rights Code which is expected to be debated before the end of the year.
Human Affairs and Information Minister the Hon. Jerome Dill, said the Human Rights Amendment Act 1994, was one of the most important pieces of legislation that will be debated in Parliament.
Mr. Dill explained the cash awards would be unlimited, although Bermuda would be guided by the body of common law which is developing in the United Kingdom.
Bermuda's legislation he said, was based on the United Kingdom's Race Relations Act and their another act which makes gender discrimination illegal.
Furthermore, Mr. Dill said the employment codes of practice, which are voluntary for the first year, are intended to offer guidelines for the elimination of racial and sexual discrimination.
Additionally, the codes will also assist in promoting equality of opportunity between persons of diverse genders and racial groups.
"I will monitor the situation closely,'' he said. "But after one year, if I am not pleased with the numbers of employers who are using the code, I will make it mandatory.'' Mr. Dill was quick to silence comparisons of his proposed bill to the American style affirmative action.
Government, he pointed out, is committed to amending the current Human Rights legislation so that employers will be able to entice unrepresented groups into the workplace.
The new bill, would, if passed, allow employers to redress obvious racial and gender imbalances in their workplace.
But, Mr. Dill said, it would avoid the excesses of the American experience with affirmative action, which had in many cases placed "manifestly inadequate'' non-whites into positions of responsibility.
"My idea is that if there are two equally qualified people for a job in Bermuda, one being white the other non-white, and the workplace is already dominated by whites, the non-white person should get the nod.'' Currently, an employer will run afoul of the Human Rights code if they use racial or gender classifications as a precondition of employment.
Under the amended Human Rights Code, the Commission will have nine months to resolve a discrimination case.
If that is unsuccessful, the case will be forwarded to the Minister who may then recommend that it goes before a Board of Inquiry.
Should the offending employer be found guilty and refuse to comply with the Inquiry's ruling, they can be fined between $1000 and $25,000.
The bill, which was introduced last Friday and could be debated within the next three weeks, includes both Government and the private sector.
Meanwhile, Shadow Minister for Human Affairs and Information Ms Renee Webb criticised The Royal Gazette for inaccurately reporting her comments to the public.
"I never refused to comment,'' she said referring to a story published in the Monday edition of the paper.
"All I said is that I am currently studying the documents carefully. I will be issuing my response after I have read both bills thoroughly.''
