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[DRAFT #2b] Against Discrimination in Employment

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Tinhampton
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[DRAFT #2b] Against Discrimination in Employment

Postby Tinhampton » Fri Jun 04, 2021 9:29 am

This proposal is part of THE SANCTARIAN ARC (named for convenience; this chain is not necessarily endorsed by any Issues Editors)
LEO Force Restrictions - End Corporal Punishment - Repeal "Protected Working Leave" - Paid Leave Guarantee - Against Discrimination in Employment

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Alexander Smith, Tinhamptonian Delegate-Ambassador to the World Assembly: The old proposal on Employee Rights was getting too big so I had to split it in half.

OOC: This proposal is somewhat influenced by GA#491 "Rights of the employed," which I co-authored with The Greater Soviet North America (TGSNA) - hence why I have cited him as a co-author here. TGSNA yet again looked at this proposal before I submitted it here, was supportive of this and did not accuse me of plagiarising GA#491. TGSNA will shortly post here offering his thoughts (possibly) and publicly clarifying that I have his permission to do this.
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Against Discrimination in Employment
A resolution to improve worldwide human sapient and civil rights.
Category: Civil Rights
Strength: Mild
Proposed by: Tinhampton

Co-authored with The Greater Soviet North America.

Believing that employees should be able to assert and benefit from their rights under international law, whether seeking employment or currently working, and

Noting that many of the below rights were protected by GA#491 "Rights of the employed" before it was repealed due to various shortcomings...

The General Assembly enacts as follows.
  1. Definitions: In this resolution:
    1. "employees" includes only:
      • all individuals who currently have a contract of any length with an employer which entails carrying out particular tasks for that employer with the expectation of a regular tangible reward (including those who are currently shadowing employees or working as interns for that employer), and
      • all individuals who currently work for their own business, are responsible for that business, and can determine the kind, duration, length and location of the tasks they carry out for it,
    2. "having a protected characteristic" means possessing or not possessing any arbitrary and reductive characteristic, being pregnant, or giving (or having given) birth, and
    3. a "refugee" includes, but is not limited to, a person who has immigrated into a member state which has not yet decided whether their petition for asylum ought to be granted.
  2. Applicability: This resolution applies to all employees in all member states, except Article c (which also covers non-employees seeking to become an employee).
  3. Non-discrimination in hiring: No employer in a member state may refuse to employ any person as a result of that person having a protected characteristic, except as provided in Article e or otherwise where that employer deems it necessary to ensure that individuals are not hired for jobs that they are demonstrably unsuitable to perform (such as a baseball club refusing to employ a person with quadriplegia as one of their players), nor as a result of that person being a refugee.
  4. Non-discrimination at work: Subject to future international law on preventing the mistreatment of employees with disabilities and prior and standing international law, employees shall enjoy protection from dismissal, suspension, discrimination, and being paid inferior wages as a result of their having a protected characteristic which does not leave them demonstrably unable to discharge their duties as an employee or being a refugee.
  5. Exemptions: Businesses are exempt from Article c in regards to employing any person who is pregnant, giving or has given birth where that business employs fewer than ten people, or otherwise where the employment of such a person to cover for any person claiming paid leave under local, national or international law by that business would result in that person similarly having to claim paid leave during their employment.
  6. Ban on "fire and rehire:" Employers must not dismiss employees just so they can offer those employees a new contract paying inferior wages.
Last edited by Tinhampton on Sun Jun 20, 2021 12:21 am, edited 7 times in total.
The Self-Administrative City of TINHAMPTON (pop. 319,372): Saffron Howard, Mayor (UCP); Alexander Smith, WA Delegate-Ambassador

Authorships & co-authorships: SC#250, SC#251, Issue #1115, SC#267, GA#484, GA#491, GA#533, GA#540, GA#549, SC#356
Other achievements: Cup of Harmony 73 champions; -45 Darkspawn Kill Points; Philosopher-Queen of Sophia; "Tinhampton? the man's literally god"
Who am I, really? 45yo Tory woman; Cambridge graduate; possibly very controversial; currently reading The Origins of Totalitarianism by Hannah Arendt


"Katy Bourne, the Police and Crime Commissioner for Sussex, is the lead for stalking in Wales and England. She is also a victim of stalking."

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Tinhampton
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Postby Tinhampton » Fri Jun 04, 2021 9:30 am

PREVIOUS DRAFTS

Draft 1 (2,021 characters; 301 words)
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Against Discrimination in Employment
A resolution to improve worldwide human sapient and civil rights.
Category: Civil Rights
Strength: Mild
Proposed by: Tinhampton

Co-authored with The Greater Soviet North America.

Believing that employees should be able to assert and benefit from their rights under international law, whether seeking employment or currently working, and

Noting that many of the below rights were protected by GA#491 "Rights of the employed" before it was repealed due to various shortcomings...

The General Assembly enacts as follows.
  1. Definitions: In this resolution:
    1. "employees" includes only:
      • all individuals who currently have a contract of any length with an employer which entails carrying out particular tasks for that employer with the expectation of a regular tangible reward (including those who are currently shadowing employees or working as interns for that employer), and
      • all individuals who currently work for their own business, are responsible for that business, and can determine the kind, duration, length and location of the tasks they carry out for it, and
    2. "having a protected characteristic" means possessing or not possessing any arbitrary and reductive characteristic, being pregnant, or giving (or having given) birth.
  2. Applicability: This resolution applies to all employees in all member states, except Article c (which also covers non-employees seeking to become an employee).
  3. Non-discrimination in hiring: No employer in a member state may refuse to employ any person as a result of that person having a protected characteristic.
  4. Non-discrimination at work: Subject to future international law on preventing the mistreatment of employees with disabilities and prior and standing international law, employees shall enjoy protection from dismissal, suspension, discrimination, and being paid inferior wages as a result of their having a protected characteristic.
  5. Ban on "fire and rehire:" Employers must not dismiss employees just so they can offer those employees a new contract paying inferior wages.
The Self-Administrative City of TINHAMPTON (pop. 319,372): Saffron Howard, Mayor (UCP); Alexander Smith, WA Delegate-Ambassador

Authorships & co-authorships: SC#250, SC#251, Issue #1115, SC#267, GA#484, GA#491, GA#533, GA#540, GA#549, SC#356
Other achievements: Cup of Harmony 73 champions; -45 Darkspawn Kill Points; Philosopher-Queen of Sophia; "Tinhampton? the man's literally god"
Who am I, really? 45yo Tory woman; Cambridge graduate; possibly very controversial; currently reading The Origins of Totalitarianism by Hannah Arendt


"Katy Bourne, the Police and Crime Commissioner for Sussex, is the lead for stalking in Wales and England. She is also a victim of stalking."

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The Greater Soviet North America
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Postby The Greater Soviet North America » Fri Jun 04, 2021 10:47 am

Tinhampton has my permission

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Bears Armed
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Postby Bears Armed » Fri Jun 04, 2021 10:50 am

OOC: So an employer needing to hiring somebody on a short-term contract specifically to provide cover while an existing employee is off of work due to illness, childbirth, pregnancy, or caring for their new-born child, would not be allowed to refuse candidates who themselves are far enough advanced in pregnancy that they obviously would also require leave for such purposes during the period of employment?
:roll:
Would you at least set a minimum threshold for the number of employees simultaneously employed before that right becomes applicable (as RL British law does, or at least did when last I heard anything about that sort of detail)? Without such a limitation small businesses, perhaps even staffed routinely only by the employer themselves and one other person, would probably find compliance extremely difficult.
Last edited by Bears Armed on Fri Jun 04, 2021 10:51 am, edited 1 time in total.
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Tinhampton
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Postby Tinhampton » Mon Jun 07, 2021 3:46 pm

Consider it done, Bears.
The Self-Administrative City of TINHAMPTON (pop. 319,372): Saffron Howard, Mayor (UCP); Alexander Smith, WA Delegate-Ambassador

Authorships & co-authorships: SC#250, SC#251, Issue #1115, SC#267, GA#484, GA#491, GA#533, GA#540, GA#549, SC#356
Other achievements: Cup of Harmony 73 champions; -45 Darkspawn Kill Points; Philosopher-Queen of Sophia; "Tinhampton? the man's literally god"
Who am I, really? 45yo Tory woman; Cambridge graduate; possibly very controversial; currently reading The Origins of Totalitarianism by Hannah Arendt


"Katy Bourne, the Police and Crime Commissioner for Sussex, is the lead for stalking in Wales and England. She is also a victim of stalking."

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Araraukar
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Corrupt Dictatorship

Postby Araraukar » Tue Jun 08, 2021 6:59 am

OOC: So one must hire a deaf person to answer the phone, or a blind person for graphic designer's job, as long as they're not pregnant? Oversimplification, but the air's so humid that hard candy sticks together and we're just waiting for the thunderstorm to start to clear the air, so my brain's basically overheated and not wanting to tackle the language of this thing in detail.

Or if that's not true, then what does this do, aside from the maternity leave faffery (which could be addressed on its own rather than trying to build up the facade of someting else around it) that CoCR doesn't already do?
Last edited by Araraukar on Tue Jun 08, 2021 7:00 am, edited 1 time in total.
- Linda Äyrämäki, acting ambassador in the absence of miss Leveret
Araraukar's RP reality is Modern Tech solarpunk. In IC in the WA.
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Tinhampton
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Postby Tinhampton » Wed Jun 09, 2021 5:30 pm

A new exemption regarding demonstrable unsuitability for the job has been added to Articles c and d.

Araraukar is directed towards Article f.
The Self-Administrative City of TINHAMPTON (pop. 319,372): Saffron Howard, Mayor (UCP); Alexander Smith, WA Delegate-Ambassador

Authorships & co-authorships: SC#250, SC#251, Issue #1115, SC#267, GA#484, GA#491, GA#533, GA#540, GA#549, SC#356
Other achievements: Cup of Harmony 73 champions; -45 Darkspawn Kill Points; Philosopher-Queen of Sophia; "Tinhampton? the man's literally god"
Who am I, really? 45yo Tory woman; Cambridge graduate; possibly very controversial; currently reading The Origins of Totalitarianism by Hannah Arendt


"Katy Bourne, the Police and Crime Commissioner for Sussex, is the lead for stalking in Wales and England. She is also a victim of stalking."

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Trellania
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Postby Trellania » Wed Jun 09, 2021 8:14 pm

"Are the disability clauses not already covered by WA #540 Supporting People with Disabilities? And pregnancy by WA #527 Protected Working Leave? I do not see any need for this proposal."

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Tinhampton
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Posts: 8517
Founded: Oct 05, 2016
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Postby Tinhampton » Thu Jun 10, 2021 4:47 am

Smith: This will likely be proposed after the passage of Task Force Ronaldo's proposed repeal.
The Self-Administrative City of TINHAMPTON (pop. 319,372): Saffron Howard, Mayor (UCP); Alexander Smith, WA Delegate-Ambassador

Authorships & co-authorships: SC#250, SC#251, Issue #1115, SC#267, GA#484, GA#491, GA#533, GA#540, GA#549, SC#356
Other achievements: Cup of Harmony 73 champions; -45 Darkspawn Kill Points; Philosopher-Queen of Sophia; "Tinhampton? the man's literally god"
Who am I, really? 45yo Tory woman; Cambridge graduate; possibly very controversial; currently reading The Origins of Totalitarianism by Hannah Arendt


"Katy Bourne, the Police and Crime Commissioner for Sussex, is the lead for stalking in Wales and England. She is also a victim of stalking."

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Trellania
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Postby Trellania » Thu Jun 10, 2021 5:32 am

"You mean repeals, right? Because you need to repeal two resolutions to make this work."

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Araraukar
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Corrupt Dictatorship

Postby Araraukar » Fri Jun 11, 2021 1:50 am

OOC: Clause f. still lets you just alter the existing contract to lower salaries, as far as I can see?
- Linda Äyrämäki, acting ambassador in the absence of miss Leveret
Araraukar's RP reality is Modern Tech solarpunk. In IC in the WA.
Giovenith wrote:And sorry hun, if you were looking for a forum site where nobody argued, you've come to wrong one.
Coronavirus related. This too. And this. These are all jokes. This isn't. This is, again, but it's also the last one.
Apologies for absences, non-COVID health issues leave me with very little energy at times.

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Imperium Anglorum
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Postby Imperium Anglorum » Fri Jun 11, 2021 12:06 pm

The last clause seems weird. Deflation can still happen, leading firms to only be able to offer lower nominal salaries.

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