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Bill: Employment Non-Discrimination Act

Details

Submitted by[?]: RSDP - Democratic Front

Status[?]: passed

Votes: This bill is a resolution. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.

Voting deadline: September 2087

Description[?]:

An Act, to prohibit employment discrimination on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, sexual orientation, or any other ground.

1. PURPOSE

The purpose of this Act is to provide a comprehensive prohibition of employment discrimination, that is not reasonably justifiable, on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, sexual orientation, or any other ground; and

2. EMPLOYER PRACTICES

It shall be an unlawful employment practice for an employer

(a) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to the compensation, terms, conditions, or privileges of employment of the individual, on the basis of the grounds reffered to in section 1; or

(b) to limit, segregate, or classify the employees or applicants for employment of the employer in any way that would deprive or tend to deprive any individual of employment or otherwise adversely affect the status of the individual as an employee, on the basis of the grounds referred to in section 1.

3. EMPLOYMENT AGENCY PRACTICES

It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual on the grounds referred to in section 1, or to classify or refer for employment any individual on the basis of the grounds referred to in section 1.

4. LABOUR ORGANISATION PRACTICES

It shall be an unlawful employment practice for a labour organisation

(a) to exclude or to expel from its membership, or otherwise to discriminate against, any individual on the grounds referred to in section 1;

(b) to limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any individual, in any way that would deprive or tend to deprive any individual of employment, or would limit such employment or otherwise adversely affect the status of the individual as an employee or as an applicant for employment, on the grounds referred to in section 1; or

(c) to cause or attempt to cause an employer to discriminate against an individual in violation of this Act.

5. TRAINING PROGRAMS

It shall be an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual on the grounds referred to in section 1 in admission to, or employment in, any program established to provide apprenticeship or other training.

6. RETALIATION PROHIBITED

It shall be an unlawful employment practice to discriminate against an individual because such individual opposed any practice made an unlawful employment practice by this Act, or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing regarding unlawful practices under this Act.

7. RELIGIOUS EXEMPTION

This Act shall not apply to a religious organisation.

8. POLITICAL EXEMPTION

This Act shall not apply to a political party or organisation.

Proposals

Debate

These messages have been posted to debate on this bill:

Date21:22:49, July 20, 2005 CET
From RSDP - Democratic Front
ToDebating the Employment Non-Discrimination Act
MessageAny thoughts?

Date01:40:24, July 22, 2005 CET
FromConservative Party
ToDebating the Employment Non-Discrimination Act
MessageNo. You need exceptions for age, religious groups, genetic features, and certain classes of jobs.

For example - you don't want 90 year old cops, obviously they can't handle the pressures of being a police officer, and yet this bill would allow the government to be sued by that person. Same for genetic features, if a person has glass bone syndrome or downs, you don't want them being police officers.

Ditto with firemen, religious organizations should be allowed to discriminate on religion and sexual orientation (obviously with the first, the second because the government has no buisness interfering with religion), and political organizations. Those are just a few...

Date13:17:57, July 23, 2005 CET
From RSDP - Democratic Front
ToDebating the Employment Non-Discrimination Act
MessageI think we can reach a compromise on this:

- Your first point is true, so I added "that is not reasonably justifiable". That would mean that it is legal to "discriminate" people if they are simply not fit for the job.

- On your second point, I wouldn't mind an exception for religious organisations, but there should be no exception for political organisations. But obviously, political organisations would still be able to have subscribing to a manifesto or statement of principles as a pre-requisite for membership in order to prevent people with different ideological beliefs from joining.

Date18:51:41, July 23, 2005 CET
FromConservative Party
ToDebating the Employment Non-Discrimination Act
Message"political or any other opinion"

You'd need an exemption then.

Date23:23:28, July 23, 2005 CET
From RSDP - Democratic Front
ToDebating the Employment Non-Discrimination Act
MessageI overlooked that part when going through it again, you do have a point there; I'll add an exemption for political parties.

Date19:24:56, July 25, 2005 CET
From RSDP - Democratic Front
ToDebating the Employment Non-Discrimination Act
MessageIs the current wording OK with you?

Date16:59:15, July 26, 2005 CET
From RSDP - Democratic Front
ToDebating the Employment Non-Discrimination Act
MessageI simplified the exemptions a bit as this act only applies to employment.

Date16:37:07, July 28, 2005 CET
From RSDP - Democratic Front
ToDebating the Employment Non-Discrimination Act
MessageI think it's time to put this to vote.

Date16:53:26, July 28, 2005 CET
FromLiberal Imperialist Party
ToDebating the Employment Non-Discrimination Act
MessageDoes this mean that if someone in a wheel-chair applied for, say, a job involving a building site or something where using a wheelchair would be unsuitable, the employer would not be allowed to turn the person down on that basis? I support this in principle but it needs mroe exemptions, ie:

"An employer is not required to employ an individual if he or she could reasonably be thought unsuitable for the job."

And "reasonably" is a word to be defined by the courts in the inevitable test cases that shall follow, and a series of elements of case law will emerge.

Date18:03:02, July 28, 2005 CET
From RSDP - Democratic Front
ToDebating the Employment Non-Discrimination Act
MessageThat is included in the first section: "The purpose of this Act is to provide a comprehensive prohibition of employment discrimination, that is not reasonably justifiable"

Date20:11:56, July 28, 2005 CET
FromLiberal Imperialist Party
ToDebating the Employment Non-Discrimination Act
MessageOk. But I would appreciate it if you added that as a full exemption because I dont think that the "Purpose" section is actually law... it's just a preface, not a part of the actual bill.

Date20:39:12, July 28, 2005 CET
From RSDP - Democratic Front
ToDebating the Employment Non-Discrimination Act
MessageNo, the purpose section is actually law, there is no preface.

Date21:29:13, July 28, 2005 CET
FromLiberal Imperialist Party
ToDebating the Employment Non-Discrimination Act
MessageIf that's the case then it wont matter if you say it again, will it?

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Voting

Vote Seats
yes
       

Total Seats: 572

no

    Total Seats: 0

    abstain
     

    Total Seats: 27


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