The Human Rights Commission will now be able to initiate its own investigations when dealing with harassment cases, even if it receives
And the fine for anyone who harasses in the workplace has increased from $5,000 to $25,000.
The Human Rights Amendment Act 1995 was approved in the Senate yesterday. Sen.
Larry Scott , UBP, said that prior to the Act, the only way a complaint could be dealt with was if the complainant made the complaint. But now, "they (the Commission) can investigate and determine the situation and the employer will never know who made the complaint.'' Sen. Milton Scott , PLP, said that many groups, including various female groups, called to have the Act amended. "We will further support any amendment that prevents harassment in the workplace,'' he said.
He added, however: "We (the PLP) are concerned about the raising of the fine.
The judiciary should have greater discretion in relation to the fine.'' Sen. Yvette Swan , UBP, said that having served on the Human Rights Commission, "it makes me feel very good about the amendment.
"It's about time that Government got this in place. The Act will not just satisfy racial discrimination but it helps to put sexual discrimination at rest, because whether we like it or not women are still sexually harassed.'' Sen. Swan also said that she applauded the Minister of Human Affairs the Hon.
Jerome Dill for including mental anguish. "Bermuda is a small place and people are afraid and think that they will be penalised for coming forward.
Five-thousand dollars is not enough for a fine against people that harass and I don't even think that $25,000 is enough,'' she said.
Sen. Alf Oughton , Ind., said: "This is a timely piece of legislation.'' Sen. Neletha Butterfield , PLP, said that women represent 52 percent of the work force and "it is important that employers and employees be advised of this bill.
"Information should be made available to the public. We hear the stories of how some employees make complaints and are then fired, or they go down the ladder instead of going up.'' Sen. Terry Lister , PLP, said he was concerned about harassment because there had been no definition given. "The lack of definition concerns me. What is harassment?'' Sen. Lynda Milligan-Whyte , UBP, said that Bermuda was possibly the leading jurisdiction in the world when dealing with human rights. "The role of the Human Rights Commission is not just to be a watchdog, their role is to address and readdress wrongs done to an individual or group.'' Sen. Gary Pitman , UBP, said that the Act would help improve race relations in Bermuda.
And Sen. Norma Astwood , Ind., said she was sorry the Act did not make it in 1994. "Unless there is a foundation in place, harassment and violent actions against human rights will continue to be a problem. I hope that the commissioners on the Human Rights Commission are free of discrimination and free in their thinking.'' Sen. Gerald Simons , UBP, said it was important to focus on the broader picture with Government improving race relations. "It is our hope that there will be a growing awareness that there is a need to treat each other more fairly.'' Senate President the Hon. Albert Jackson said: "I find reasons of concern and sorrow that 14 years after the first Human Rights Act we still find it necessary for the Human Rights Commission. Are we in fact moving forward or are we drifting back?'' Sen. Larry Scott.