Bill: Draft Equal Employment Opportunity Act

[Dogeington]

A
BILL
To

Amend the Commercial Standards Act​

The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:

1 - Short Title and Enactment
(1) This Act may be cited as the 'Equal Employment Opportunity Act.'
(2) This Act shall be enacted immediately upon its signage.
(3) This Act has been authored by Representative Dogeington.
(4) This Act has been co-sponsored by Representative ToadKing.

2 - Reasons
(1) The Commercial Standards Act offers workers protections against being fired, but these protections do not apply to the hiring process.
(2) The people of Redmont deserve to have equal opportunity of employment.
(3) To clarify employee protections against unfair dismissal

3 - Amendments

(1) Section 13 of the Commercial Standards Act shall be amended as follows:
13 - Employee Protections
(1) Unfair dismissal - The unjust termination of an employee. In determining if a termination was unjust, the following criteria must rightfully be considered:
(a) if the employee’s termination made financial sense given the regular business activities and necessity to maintain operations of the terminating party (such as in the case of normal company downsizing);
(b) whether or not the employee’s continued employment would have been a detriment to the workflow, reputation, or legal standing of the business;
(c) whether or not the dismissal was made primarily on the basis of any personally identifiable characteristics, including, but not limited to, gender, race, or political affiliation;
(i) Excepted from the provisions in §13.1.c are personally identifiable characteristics that are integral to the function of the terminated party's employment.
(d) other metrics that courts find necessary to consider in accordance with what may be considered unfair dismissal by any reasonable person and is consistent with the previous language and intent of this section. Courts may not construe this section in any way that creates a result that is odd, absurd, or otherwise inconsistent with this section or the intent thereof.
(1) Unfair dismissal - No employee shall be dismissed from their employment without just reason. The following criteria outline what is considered a just dismissal. Should none of these criteria be met then the dismissal shall be considered unjust.
(a) The employee’s dismissal made financial sense given regular organisation activities and was necessary to maintain operations of said organisation;
(b) The employee’s continued employment would have been a detriment to the workflow, reputation, or legal standing of the employer;
(c) The employee’s conduct is in material violation of the employers organisational directions and/or policy;
(i) Material violations of this nature are only considered valid if the organisational directions and/or policy is lawful.
(d) Any other metric that courts find necessary to consider in accordance with what may be considered unfair dismissal by any reasonable person and is consistent with the previous language and intent of this section. Courts may not construe this section in any way that creates a result that is odd, absurd, or otherwise inconsistent with this section or the intent thereof.
(2) Unfair rejection - No candidate shall be rejected from their job application without just reason. The following criteria outline what is considered a just rejection. Should none of these criteria be met then the rejection shall be considered unjust.
(a) The conditions within the employer’s organisation have changed between the start of a candidates application and their time of rejection so that hiring for said position no longer makes financial sense given the regular organisation activities;
(b) The structure or conditions within the employer’s organisation have materially changed so much that the position is no longer necessary to maintain operations of said organisation;
(c) Valid and provable concerns are harbored by the employer that the hiring of the candidate would be a detriment to the workflow, reputation, or legal standing of the employer’s organisation;
(d) Any other metric that courts find necessary to consider in accordance with what may be considered unfair rejection by any reasonable person and is consistent with the previous language and intent of this section. Courts may not construe this section in any way that creates a result that is odd, absurd, or otherwise inconsistent with this section or the intent thereof.
(3) Protection from Discrimination - Any dismissal or rejection may not be made based on any personally identifiable characteristics, including, but not limited to, gender, race, or political affiliation.
(a) The only possible exemptions from §13.3 are positions where personally identifiable characteristics are provably integral to the function of the employee’s position.
(4) Deferral of Responsibility - a worker cannot be held legally accountable where there is a deficiency in training provided by the employer, where training would reasonably be required.
(5) A worker cannot be sued for their individual actions when they are in accordance with lawful organisational directions and policy.