House Amendments reduce the project scope 238

The changes needed in several areas that the measure addresses labor relations

 

(Jose.reyes @ gfrmedia.com)

By Antonio R. Gomez / antonio.gomez @ gfrmedia.com

The main amendments introduced by the House of Representatives to the Senate 238 project focuses on reducing the application of this legislation, the removal of references to the Charter of Rights of Young, the Bill of Rights of the XXI Century Puerto Rican Veterans, and amendments to the Civil Rights Act of Puerto Rico.

The changes also required in several areas that the project specifically targets industrial relations.

Cameral version also removes the controversial "Supremacy Clause", and replaces it with a "Interpretation Clause" which expressly provides that the provisions contained in this measure shall prevail in the event of any inconsistency with any other law.

Also added an article of "Scope" which states that "nothing in this act shall take effect on legislation relating to marriage or adoption procedures.

The most important amendments are:

- It removes the entire project references to "any governmental management, public or private" and replaced by "employment, public or private".

- Is added as part of public policy, which "prohibits particular that no employer may suspend, refuse to hire, discharge or in any manner impair or otherwise use in a person by reason of any of the above protected characteristics "(referring to previously stated in the text as part of the public policy of the commonwealth, the rejection of discrimination based on sexual orientation or gender identity).

- Removes the definition of gender identity and replaces it with "this definition shall be construed as broadly as necessary," Substitution is done wherever it appears that definition.

- Article 3 was removed amending the Bill of Rights of the Youth

- Article 18 was removed to amend the Charter of Rights of the XXI Century Puerto Rican Veterans

- Article 19 was removed amending the Civil Rights Act of Puerto Rico

- Article 20 was removed in turn amending various Articles 1 of Law Number 61 2011 (Protocol Research and Filing Criminal Acts Against the Sexual Harassment and Gender-based Harassment)

- Creation of an Article 18 directs the Office of Training and Consulting in Labour and Human Resource Management (OCALARH) in conjunction with the Department of Labor and Human Resources of Puerto Rico to develop a protocol compliance, education and training on public policy to eradicate discrimination of all kinds including well establishing sexual orientation or gender identity, as defined in this law, and which will be adopted by all government agencies and applied to all employers in the area private, as provided in this law. For the elaboration of the experts will be consulted on the matter for writing and presentation. The OCALARH and the Department of Labor and Human Resources shall have ninety (90) days of the adoption of this law for the development of this protocol.

- Add in the exception of law enforcement to the churches the phrase "(organizations) whose creeds, dogmas or occupational requirements are in clear contradiction with the interests protected by this law."

- Replaces the controversial "Supremacy Clause" and replaces it with a "Interpretation Clause reads. "In case of incompatibility or inconsistency in any provision of another Act expressly rules and issues contained in this Act, the provisions of the latter.

- Addition of an Article 21 entitled "Scope" which reads: Nothing in this act shall take effect on the legislation on marriage or adoption procedures.