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Rights forum hears Island must challenge discrimination

Trade unionism helped end workplace discrimination but the Island is still open to possible age discrimination and has someway to go to help those with disabilities get a ?fair go?.

Those were amongst the issues raised at the second public forum by the Human Rights Commission to focus on workplace discrimination, dignity and diversity in the work place and sexual harassment.

A panel of five speakers gave their views at Cathedral Hall in Hamilton last night before a small audience.

Former trade Bermuda Industrial Union leader Ottiwell Simmons spoke of Bermuda?s long history of social discrimination which was also rife in employer and employee relationships until the advent of the trade union movement finally made inroads to right those injustices.

?Today the struggle continues,? said Mr. Simmons. ?Things have changed for the better. If we are to follow the United Nations? 1948 Declaration of Human Rights we would be okay.

?I would suggest the audience and the HRC push people to become more are of their human rights; get a copy of the Human Rights Act 1981, get the BPSU pamphlet and the employers council pamphlet.?

Thelma Hart, of the Bermuda Public Services Union, said people?s rights were protected in Bermuda through statutes and laws, such as the Constitution, trade union collective bargaining agreements, the Human Rights Act and CURE.

The Employment Act of 2000 reinforced the HRA of 1981 giving further protection to non-unionised workers, but she recognised there still exist some employers who either through unintentional or wilful ignorance continued to discriminate.

Bullying was still present in the Civil Service she said, adding: ?We must continue to educate to bring about changes that are fair and just.

?The HRA does not speak to age and we are an ageing population. Personally I feel we are open to discrimination on age.?

Women?s Resource Centre consultant Elizabeth Garrity drew a link between unchecked bullying behaviour amongst young schoolchildren and more serious forms of harassment and violence in later life.

She said the resource centre dealt with 100 cases of domestic violence in 2005 with around 18 cases of sexual harassment in a non-domestic setting although non were at workplaces.

Former Senator Calvin Smith told an anecdotal story of his experience trying to get a job in Canada for which he was well qualified but which was not given to him because the country?s policy was that if a Canadian could be trained to do the job then they were the one who would get the position.

?Bermuda laws are extremely liberal in that respect to say the least,? he noted, pointing out that in union organised workplaces the issue of equality between men and women was not an issue because collective bargaining agreements and union legislation does not differentiate between a worker?s sex.

Attorney Venous Memari gave a legal perspective on sexual harassment cases, mentioning a recent court case concerning a boss changing his trousers in view of female staff members.

That was an example of what she termed ?poisoned work environment? a subtle form of sexual harassment as opposed to overt unwanted sexual advances, flirting and lewd behaviour.

?Sexual harassment must be unwelcome conduct, therefore sexual banter and flirting is not harassment if it is engaged in by both people in a consensual way,? she said.

Mrs. Memari went on to warn employers should have in policies that define unacceptable workplace behaviour and have procedures to resolve matters and protect complainants from reprisals.

Human Rights Commissioner Elliot Hubbard said the HRC was looking to widen its definition of disability and had been looking at corresponding legislation in the UK and Canada as a guide.