WHAT THE NEW LAW MEANS FOR WORKERS
So, what does the new law mean for you as a worker?
Simply put, it means that it will be unlawful for employers to refuse to hire someone, give poor performance reviews, deny promotions or training, or fire a person based on the protected characteristics mentioned above.
Companies will also be required to implement clear grievance-handling processes, protect employees’ confidentiality, and cannot retaliate against workers who file complaints.
Put together, all these will empower workers to report discrimination without fear of losing their job.
To illustrate how the Workplace Fairness legislation can protect workers from discrimination, let us consider a few hypothetical scenarios.
Scenario 1: Age Discrimination in Hiring
John, a 55-year-old highly qualified professional, applies for a job at a company but is rejected in favour of a younger, less experienced candidate. Under the new law, John can file a complaint with the Tripartite Alliance for Fair & Progressive Employment Practices (TAFEP), which will investigate whether the company’s hiring decision was based on age discrimination. If found to be so, the company may face penalties and be required to rectify its hiring practices.
Scenario 2: Pregnancy Discrimination in Job Security
Sarah, a pregnant employee, is suddenly terminated from her job without any valid reason. She suspects that her pregnancy was the underlying cause for her dismissal. With the Workplace Fairness legislation in place, Sarah can report this discrimination to TAFEP, which will look into whether her termination was unlawful. If the company is found to have discriminated against Sarah based on her pregnancy, it may face legal consequences.
Scenario 3: Racial Discrimination in Promotions
Michael, a highly performing employee from a minority racial background, is consistently passed over for promotions despite his qualifications and experience. He believes that his race may be a factor in these decisions. Under the new law, Michael can raise this concern through his company’s grievance handling process or file a complaint with TAFEP. If an investigation reveals that the company has been engaging in racial discrimination in its promotion practices, it may face penalties and be required to take corrective action.