Govt. mulling outlawing age discrimination
Age discrimination could soon be outlawed, Government revealed last night.
Human Affairs Minister Jerome Dill said legislation to combat it was being "actively considered''.
It would require an amendment to the Human Rights Act 1981, he added.
"I feel this requires immediate attention. I have a great deal of sympathy with those who want age to be covered by the Act.'' Senators yesterday also heard of moves to combat age discrimination, which would bring Bermuda into line with Canada.
Government Senate Leader Lynda Milligan-Whyte told them: "I think pretty soon we will have an amendment to the Human Rights Act to enable individuals to file a complaint if there has been age discrimination.'' Last night chairman of the Human Rights Commission, Canon James Francis, vowed to continue to press for a change in the law.
"The Commission has considered this and talked about it. We are concerned about age discrimination.
"We are going to continue to encourage our Minister, Jerome Dill, to secure support to carry this to the House of Assembly.'' Canon Francis added: "I know it has to go as an amendment and it's not easy to get these things brought up to the House.
"But we as a Commission are concerned about any form of discrimination -- and age discrimination is a form.'' Controversy over Bermuda's current human rights legislation has blown up over the case of Dr. George Bertram McPhee.
Dr. McPhee 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, when he also lost his privilege of admitting patients to hospital.
Scores of Bermudians have signed petitions, claiming Dr. McPhee was a victim of age discrimination.
Dr. McPhee argued he was in good mental and physical health, and fully capable of continuing his work.
The hospital, however, has rejected the age discrimination allegation, saying mandatory retire ment policies were commonplace in Bermuda.
Sen. Milligan-Whyte told The Royal Gazette last night both the Human Rights Commission and Government were looking at a change in the law.
And the review had been launched before the Dr. McPhee controversy.
"I have always felt the Human Rights Act is an evolving piece of legislation.
"As society evolves so will it and so it is natural for us to look at age discrimination.'' Mrs. Milligan-Whyte, however, said Government had to act cautiously over any amendment to the law.
"We don't want to have a situation where you are giving protection for people who are incapable of carrying out their functions with a job.'' At yesterday's Senate debate, news of a possible change in the law was welcomed.
Mr. Dill said Government was acting because of a growing number of old people in Bermuda.
"People are living longer and leading more healthy lives and that is precisely why we are looking at the legislation.
"If we can get the support of the House for a change in the law as regards age we will proceed with it.'' Said Canon Francis: "One of the concerns is what to do with people when they retire. What will their financial packages look like?'' He pointed out there was legislation in Canada dealing with age discrimination.
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