The Workforce Equity Bill contradicts the principles of both the Constitution of Bermuda and the Human Rights Act, lawyers have claimed.

But Delroy Duncan said that the principle could be overcome if statistical evidence proved there was under-representation by black Bermudians in the workplace.

And statistician Cordell Riley said statistics from the 1991 and 200 Censuses showed that although income gaps were narrowing, whites earned more than blacks with the same qualifications.

Earlier, lawyer Timothy Marshall said it opposed the Constitution principle of "we are all equal". He told a public forum: "If it (the bill) is done right it will bring us together, otherwise it will split us apart.

"If it's done right it will encourage more business to this Island. If it is done wrong it will cause business to leave. So we have to take this opportunity now to debate.

"Government should have a look at this and make sure they are not passing laws offending the Constitution or the spirit of the Constitution."

Mr. Duncan agreed the draft bill contradicted Bermuda's Human Rights Act

But he added: "My view at the outset is the Bill in it's current form will violate the Human Rights Act, but that can be amended to include a carve-out or rider if it was based on statistical information," he said.

Mr. Duncan said that the Human Rights Act declared everyone equal and deserving of equal treatment. But the Act could be amended if statistical evidence proved under-representation by black Bermudians in the workplace.

The lawyers were speaking at a public forum hosted by the Human Rights Commission at the Bermuda Underwater Exploration Institute. More than 100 people attended to hear a panel of experts discuss the legal aspects and social implications of the Workforce Equity Bill.

Dr. Eva Hodgson, who was among the audience, said that an ingrained ideology that blacks were somehow inferior justified the bill being passed.

"Our tragedy is we have all been exposed to this education and that means that many blacks also believe that white ice is colder and that is the special circumstance that makes any legislation constitutional," she said.

Dr. Myra Virgil, Acting Permanent Secretary for Community and Cultural Affairs, added: "Blacks are not a minority in Bermuda and any reference to affirmative action is not a term which fits well with Bermuda when you are talking about a majority of people."

Government has said that the aim of the bill is to stem the widening divide between the prosperity of companies and a growing underclass. As blacks have been historically disadvantaged through discrimination, companies must promote equal access to employment opportunities.

The Workforce Equity Bill does not stipulate quotas but requires companies to reflect the racial make-up of the workforce, of which black Bermudians make up 47 percent.

If passed into law it will require companies to create equity plans for between a year and three years to boost the prospects of black Bermudian employees.

The Commission for Unity and Racial Equality (CURE) will have the power to examine company records to monitor how employers hire, fire, promote and pay their workers. CURE also has the power to fine companies up to $50,000.

As the draft bill currently stands, firms of 40 or more employees must set up positive policies to ensure black Bermudians achieve "a degree of representation in each occupational group in the employers' workforce that reflects their representation in the Bermuda labour force."

However, they are not required to hire or promote persons who do not have the qualifications needed for the job, or to create new positions.

According to a workplace survey by CURE, blacks are still a minority in executive positions, down from 29 percent to 27 percent last year.

At the public meeting, statistician Cordell Riley presented figures which suggested that whites with just a high school diploma were earning more than black graduates in 1991.

The 1991 Census revealed that blacks with diplomas only earned 72 percent of white graduates' salaries, and even whites with "no qualifications" earned more than them.

By 2000, black high school graduates had overtaken unqualified whites in salary, but still earned only 76 percent of what whites earned in administrative and managerial positions.

Figures from the last Bermuda Census however, reveal that despite 11 percent of the black population holding degrees compared to 23 percent of whites, black women had the highest proportion of BA and MA degrees.

At the public meeting, Mr. Marshall said: "With respect to the legislation there are a set of arguments that offend some of these core values we have as a community, that fundamantal rights and principles should not depend on someone's race."

Mr. Marshall said that the Constitution protected individuals from discrimination on the grounds of race.

"I think on reading this legislation that it's going to be very difficult for the Government to demonstrate that this is Constitutional legislation," he said.

He added that giving compliance officers "broad powers" to go into someone's business and examine documents opposed Section 7 of the Constitution which protected a person's business and property.

Meanwhile, Mr. Duncan said the Human Rights Act said that in employment, "it is discriminatory to create programmes which promote one person over another, and to hire one person over another".

"The Act makes it plain that everyone is to be treated equally and we can't use race or colour to discriminate in the employment field," he said.

Programmes to promote blacks in the workplace could only be justified "if there is sound statistical representation to show under-representation in the workforce that could be addressed by more representation".

Mr. Duncan said: "The legislation has to be looked at against the background of a Human Rights Act that promotes equality for all Bermudians."

He added: "But I think under the Constitution, that if the statistical evidence is present then the legislation could survive the challenge."