[DRAFT #2b] Against Discrimination in Employment

[Tinhampton]

Character count: 2,989
Word count: 467

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.

Against Discrimination in Employment
A resolution to improve worldwide human sapient and civil rights.

Category: Civil Rights

Strength: Mild

Proposed by: Tinhampton

---

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Noting that many of the below rights were protected by GA#491 "Rights of the employed" before it was repealed due to various shortcomings...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

Co-author: The Greater Soviet North America

[Tinhampton]

PREVIOUS DRAFTS

Draft 1 (2,021 characters; 301 words)

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 Greater Soviet North America]

Tinhampton has my permission

[Bears Armed]

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?

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.

[Tinhampton]

Consider it done, Bears.

[Araraukar]

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?

[Tinhampton]

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

Araraukar is directed towards Article f.

[Trellania]

"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."

[Tinhampton]

Smith: This will likely be proposed after the passage of Task Force Ronaldo's proposed repeal.

[Trellania]

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

[Araraukar]

OOC: Clause f. still lets you just alter the existing contract to lower salaries, as far as I can see?

[Imperium Anglorum]

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