A contentious new law that comes into effect from tomorrow could seriously restrict the rights of gay, lesbian, bisexual, transgender and intersex people, according a group set up to rally for the rights of queer workers. The Council of Trade Unions' Out@Work division is among those resolutely against the "90 day law" and restrictions on workers that seek access to union advice. Out @Work's Karena Brown says the legislation will make it possible for anyone starting a new job, or for people already at a job whose employer sells the business to a new owner, to have a probationary period of 90 days, where they can be fired without the employer having to give a reason, making a mockery of workers' human rights. She says though discrimination on the basis of sexual orientation is illegal under the Human Rights Act, and under section 105 of the Employment Relations Act 2000, this does not alter the fact that it occurs. "Often lgbti workers will choose to leave their employment rather than take a case of discrimination because of the requirement to go public about their sexual orientation/gender identity." Brown says the law represents a major attack on workers' rights and opens up the very real possibility of lgbti workers facing greater workplace discrimination without any protections in their first 90 days in a new job to challenge it. "Over the last two decades there has been an improved acceptance and now more people are 'out' and will announce their orientation or gender identity without hesitation. But 'being out' for many people remains a challenge and it can be a difficult and painful process and decision at the workplace. Coming out is also a repeated experience. For some workers who are 'out', every time they change a job, they have to come 'out' again to a new group of people." Brown says the law opens the door to greater discrimination on the grounds of sexual orientation, which she believes will regrettably be used by employers. "The provision is unjust and it will be used unjustly. No worker should be afraid about their future because of other people's prejudices. " CTU President Helen Kelly adds "these are tough times for workers facing a rise in the cost of living, loss of jobs and cuts in vital public services. On top of this the Government is now undermining fundamental rights at work ... what could be more fundamental to job security than the right to appeal against unfair dismissal?" Rainbow Wellington is also firmly against the change, telling a Select Committee that the 90 day provision "opens the door to covert discrimination on the grounds of sexual orientation and will be so used by the sorts of unscrupulous employers the current law is designed to discourage. "
Credit: GayNZ.com Daily News staff
First published: Thursday, 31st March 2011 - 3:32pm