The Premier has announced the creation of a Fair Employment Opportunities Commission aimed at specifically addressing complaints of discrimination against Caymanians in the workplace.
In a statement to the Legislative Assembly on March 15, 2018, Premier Alden McLaughlin said Caymanians needed an avenue for the hearing of complaints of unfair hiring practices and he intended to establish the Cayman Islands’ first Fair Employment Opportunities Commission aimed at specifically addressing complaints about discrimination against Caymanian job seekers or those applying for promotion.
Under the current system, employers and immigrants have access to the Immigration Appeals Tribunal if they believe that a work permit or permanent residency application has been incorrectly refused. Employees can complain about unfair labour practices to the Labour Appeals Tribunal, but Caymanian job seekers who believe they have been unfairly treated during the hiring process or bypassed for a promotion without grounds did not have an official avenue for recourse. The Immigration Law does not address discrimination per se and there is no official process for handling these types of complaints. Labour Law only covers those with a job and it does not significantly enhance protection against workplace discrimination for Caymanians. The Bill of Rights can only be applied vertically, between the public and government which the Premier said left no legislation to protect Caymanians from this type of discrimination and no route for redress.
Formal structure
The proposed Fair Employment Opportunities Commission will be granted formal powers by legislation and would fill the perceived gap. It would be independent to avoid possible perceptions of bias toward business and to maintain the balance necessary to apply the relevant aspects of the law. It would be headed by a commissioner appointed by the Governor in a manner similar to the appointment of the auditor general or ombudsman.
It is envisaged that the commissioner would be an experienced attorney or retired judge and the office would be staffed by individuals with legal and investigative skills and would have the power to apply sanctions. The commission would also create additional benefits such as the collection of data which in turn would assist in the determination of the effectiveness of legislative and enforcement efforts to reduce discrimination.
Other initiatives
Work is underway on the development of a Human Resources Department to better regulate the labour market, including access to work permits, changes to the laws regarding the advertising of jobs, as well as creating a National Jobs Clearinghouse to improve transparency however it is felt that these two initiatives are insufficient given the current volume of the accusations of discrimination.
