Vexed Bermoothes

The PLP’s overheated Workforce Equity Act is an overheated piece of political theatre that is damaging to Bermuda’s future.

The Chamber of Commerce and other groups yelped with surprise when the Act was revealed, saying that it was a totally different track from what Government had been discussing with their members.  Nothing like good faith consensus building. 

Moreover, the Act is a hastily adapted cut’n'paste of the 1996 Canadian Employment Equity Act.  The main difference is that the Canadian Act covers women, people with disabilities, aboriginal people, and all ethic minorities whereas the Bermuda version deals solely with black Bermudians.  Moreover, the Canadian Act is very limited in its application:  it applies only to companies with more than 100 staff that are federally regulated under the Canadian constitution.  The vast majority of Canadian employers are excluded. 

VSB news has taken to describing the draft Act as “penalizing businesses that block the progress of black Bermudians”.  That is not the case at all.  The Act fines companies that do not comply with their reporting obligations;  that’s all. 

There is plenty of public information available about the Canadian Act.  Employers complain about the huge cost of complying with the reporting and audit requirements.  They also complain that there are not enough candidates from the designated groups to meet their needs, leading to increased turnover as employees are repeatedly stolen away.  Employees also complain that the Act has negative ramifications in some cases, such as the forced consultation that favors union members over other employees and the tendency of companies to shift more positions from fulltime to consulting roles to enhance their reporting.