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Bill gives disabled more employment rights

MPs gave the green light to legislation making it tougher for employers to refuse jobs to disabled people.Introducing the Human Rights (Unreasonable Hardship) Amendment Act, Minister of Youth, Families and Sports Glenn Blakeney said it “seeks to ensure that persons are not hampered in securing employment or in functioning in the workplace because of their disability if it is possible for the circumstances of the employment to be modified without causing unreasonable hardship to the employer”.The act covers those with physical, sensory, intellectual and mental disabilities. Employers are only allowed to refuse employment if it would be too costly or disruptive to modify the working conditions, or the required measures are too extensive.Mr Blakeney said: “The objective is to ensure that employers facilitate, wherever possible and without unreasonable hardship, measures and modifications to allow persons with disabilities to obtain positions and do their jobs.“This could be the provision of accessible technology such as adaptive computer equipment for persons with hearing and visual impairments, the provision of an accessible bathroom, or widening doorways to make rooms accessible for people in wheelchairs, to name but a few.”He added: “Through these efforts, the company may attract qualified individuals who may have disabilities and will now have the opportunity to become gainfully employed and productive citizens who will contribute to Bermuda’s economic growth and well-being.”He explained: “We know that all individuals are different and each situation will be different. What is feasible for one set of circumstances may not be feasible for another, and the determination of unreasonable hardship must be made on a case-by-case basis.”The law was roundly praised by politicians on both sides of the House of Assembly. Many noted that just because someone has a disability, it does not mean they cannot make a valuable contribution in the workplace.Premier Paula Cox, along with Government MPs Zane DeSilva, Randy Horton, Walter Roban, Walter Lister and Dennis Lister all spoke along those lines on Friday.The Opposition, including MPs Donte Hunt, Shawn Crockwell, Louise Jackson and Pat Gordon-Pamplin largely echoed their views, along with United Bermuda Party MPs Kim Swan and Charlie Swan.However, some concerns were expressed.Mr Hunt said: “We view this bill as the natural progression towards the development of Human Rights and in turn equal opportunity for all and the protection of the rights and freedoms of all individuals in Bermuda.”However, he said: “The fear is that many, if not most businesses are financially challenged and thus would consider virtually any modification that would require an expense a ‘unreasonable hardship’.“The solution is the provision of a certain predefined level of financial assistance from Government to businesses that are struggling financially but have the opportunity to modify their premises or operations in order to accommodate a qualified disabled person.“Unfortunately Government did not contemplate this financial assistance solution nor do they have the financial means, due to fiscal mismanagement.”He also called on Government to amend the Human Rights Act to protect persons discriminated against on the basis of sexual orientation or age as soon as possible.His party colleague Louise Jackson complained about a lack of access to public transport for those with physical disabilities.Environment Minister Walter Roban countered that there is roll-on access to some ferries, plus modified buses and taxis available.United Bermuda Party leader Kim Swan called on the Human Rights Commission to be taken out from under the umbrella of Mr Blakeney’s Ministry as sometimes it “has to take Government to task”.Mr Blakeney countered that an independent tribunal is formed to investigate complaints.UBP MP Charlie Swan said while he supports the act, many businesses are struggling financially and “this perhaps is not the best time for this to come forward”.He was loudly heckled by Government MPs as a result of his comment, and complained he could not hear himself before concluding his speech by adding: “But there never really is a good time. Better late than never.”