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Age discrimination may be studied, Senate hears

Government Senate Leader Lynda Milligan-Whyte said the Human Rights Act could be amended to allow people to file age discrimination complaints.

yesterday.

Government Senate Leader Lynda Milligan-Whyte said the Human Rights Act could be amended to allow people to file age discrimination complaints.

This would protect people from being forced out of work on the grounds of age.

"As I get older I would like to stay in the workplace as long as possible,'' she said.

Sen. Milligan-Whyte was speaking during her motion for Senators to take note of the Human Rights Commission reports for 1994 and 1995.

Opposition Senator Terry Lister believed it was time for age legislation to protect individuals.

He cited the well-publicised case of Dr. George Bertram McPhee, who was the physician-in-charge of the extended care unit at King Edward VII Memorial Hospital and consultant geriatrician to Government.

He held those posts until his 70th birthday on June 19 this year. He also lost his privilege of admitting patients to hospital.

Dr. McPhee has claimed he was a victim of age discrimination.

Sen. Walwyn Hughes (Ind), however, urged caution over legislation, saying employment could not be guaranteed until the grave.

Senators yesterday heaped praise on the Human Rights Commission, praising it for the job it carried out.

Sen. Milligan-Whyte said the commission was an evolving body that accepted its responsibility in the community.

She pointed out the Human Rights Act 1981 was amended in 1988 to provide protection from acts of discrimination for persons with disabilities.

In 1992, there were more major amendments, including an extension of the enforcement provision to Government.

And in 1995, the Act empowered the commission to initiate investigations.

She said the purpose of the Act was to combat inequality and injustice.

Statistics showed, she added, there was an increase in the number of complaints and inquiries between 1994 and 1995.

In 1994 there were 685 complaints compared to 762 in the following year.

Sen. Milligan-Whyte, responsible for women's issues, said she was concerned at an increase in sexual or gender discrimination.

She said she had been told the rise could be explained by an increased level of awareness of a possible remedy.

Sen. Lister said the commission had been running some 15 years, protecting people, not just Bermudians but all those on the Island.

He had some concern, however, about the appointment of commissioners.

He added he hoped in the future the leaders of Bermuda's two parties would consider possible candidates together as part of a proper consultative process.

Sen. Lister said the commission had taken on the role of organising public meetings.

"I think all of this is healthy,'' he said.

He was interested to know, however, how the commission interacted with another group, CURE.

Sen. Lister also wondered how long on average the commission took in resolving complaints.

After all, the Human Rights Act was amended in 1995 to provide, in part, for timely resolution of complaints.

Sen. Lister went on to voice surprise at one female's complaint -- outlined in the 1995 report -- about a lack of maternity benefits at her company.

According to the report, the complainant had been employed by the company for one year when she notified her employer she was pregnant.

During the commission's investigation, the company admitted it was their policy to offer female employees redundancy pay when they became pregnant.

Sen. Lister suggested the Human Rights Commission should link up with the Bermuda Employers' Council in identifying companies which did not provide maternity benefits.

Sen. Lister noticed an asterisk with the words "no jurisdiction'' was placed against the category of sexual orientation in a 1995 table of investigations by the commission.

Did this mean the commission did not have the power to deal with complaints of sexual orientation? If the answer was yes, said Sen. Lister, Government should perhaps look at amending current legislation.

Sen. Lister applauded the list of objectives for 1996/97 outlined in the 1995 report.

But he wondered why the objective to "rapidly process, conciliate and settle complaints and queries'' was at the bottom of the list.

This goal should have been placed at the top of the list, said Sen. Lister.

Sen. Gary Pitman (UBP) said it was evident the commission was dealing with complaints quietly, but aggressively.

He pointed out complaints had to be dealt with within nine months, or they would be forwarded to Government Ministers.

Sen. Pitman expressed amazement at complaints about maternity benefits.

It was beyond him why any employer would not provide such benefits, he said.

Sen. Neletha (Honey) Butterfield (PLP) applauded the commission.

She believed some women failed to report cases of discrimination through fear of being isolated and ostracised.

Sen. Butterfield said brochures on human rights should be distributed in every work place.

Sen. Yvette Swan (UBP) said she once served on the commission, and was well aware of its fine, time-consuming work.

"I am cautiously content people are beginning to utilise the commission as it should be used.'' Sen. Swan, however, voiced concern at the high number of women complaining about being discriminated against because of pregnancy.

Sen Larry Scott (UBP) paid tribute to the commissioners.

He said, however, some men were vilified for daring to make a contribution to the debate on discrimination against women.

If men were chased away from such debate, a solution would never be arrived at, he said.