The Human Rights Commission (HRC) is in the process of interviewing people in the construction industry who believe they have been discriminated against.

The investigation, which was first announced in December, follows complaints from Bermudian workers of differential treatment in areas such as pay and overtime, training, apprenticeship and promotion opportunities. In a statement, HRC chairman Venous Memari said: "We want to stress that the identity of any person who assists in the investigation will be kept in the strictest confidence.

"I would also point out that any retaliation against a complainant or anyone who assists the Human Rights Commission with an investigation carried out under the Act, is strictly unlawful."

Asked yesterday for his opinion on the investigation, Construction Association of Bermuda (CAOB) president Alex DeCouto said any complaints needed to be considered "on a case-by-case basis and in context".

"Their initial announcement in December indicated that they had received complaints and were investigating and asked for parties to come forward. This is almost a repeat of that initial request," he stated. "I would also note that in December I came forward with an offer to participate/provide input (in direct response to their release) and that no one has responded to me."

The industry veteran said he believes the industry is set up specifically to reward Bermudians who are capable and motivated, but stated: "I think complaints need to be viewed on a case-by-case basis and in context. Generally I believe that racism (prejudice against black Bermudians specifically), not only in our industry but in the wider economy, has indeed been systemic, and that more 'big conversations' need to be had if we are to move past that. But each case involves varying factors that need to be considered when judging a case for discrimination.

"For example, in the instance of offering overtime as a builder I may have an situation where I am at a stage of construction where I need to progress steelwork onsite and not carpentry. I may have a non-Bermudian steel erector and a Bermudian carpenter, but in this instance I can only feasibly offer overtime to the steelworker. Am I discriminating against the Bermudian? To further complicate matters it is the 'perception' of discrimination that is at the heart of the issue. The HRC will frequently initiate an enquiry based solely on the complainant's 'perception', and then investigate the facts. I would be interested to know how many of the complaints have, after investigation, resulted in prosecution."

He continued: "However, I don't believe you can judge whether 'differential treatment' is systemic in the industry based on six complaints (the number mentioned in December when they launched the enquiry) out of close to 4000 workers approximately 0.1 percent). That kind of judgment needs to be based on compiled statistics i.e. pay, overtime, training, etc., measured across categories of race, sex, etc. The Department of Statistics likely already has most of that information, and I wonder if the HRC has considered it? It would be helpful to know what the statistics are suggesting."

In fairness, the process should be made more transparent. Mr. DeCouto insisted. "To add legitimacy, I think they need to open up this process. Based on their lack of response to us to participate, and their repeated requests for complainants to come forward with allegations, it would unfortunately appear that they already have a hypothesis. "As I have said before, it is incredibly unfair on all of the people in the industry Bermudian, non-Bermudian, black, white, etc. that do get along, that do not discriminate, that create opportunities for all, to be painted with this brush. The work is hard enough."

Persons who feel they have been discriminated against who have not contacted the HRC are asked to call Joan Rogers on 295-5859 or 538-1562. Alternatively, they may visit the HRC office, located on the 3rd floor of the Mechanics Building on Church Street.