ECA encourages companies to set policies on discrimination

THE Employees Consultative Association (ECA) has advised employers dealing with workers, accused of being involved in public discrimination, to carefully consider the Equal Opportunities Act (EOA), the company’s policy and launching an investigation before taking action.

Last Tuesday, Ramsaran's Dairy Products fired one of its employees, a family member, Naila Ramsaran, for racist comments on her Facebook page.

She was fired by the company which then issued a public apology. The employee's comments led to a two-day boycott of Ramsaran's Dairy Products by the Supermarket Association and several of the larger supermarket chains.

Speaking to Newsday, an ECA representative said any company which found itself in a similar situation should look at its policies on discrimination or non-discrimination; the requirements under the EOA and if any complaints were made against the worker before taking action.

“Some companies may have a blanket policy on non-discrimination across the board, whether provoked or not, and may take action in accordance to that policy," the representative said, adding that the matter could be raised with the union and dealt with through those means.

Pointing to the section in the EOA that deals with discrimination against employees, which prevents employers from discriminating against workers, the ECA representative said there were other things to consider apart from immediate termination to quickly remedy the issue.

“So really, in a business/employer relationship, what you've been looking at is whether discrimination has taken place within the company - one employee against another or employees against other employees."

When asked about the need for businesses to develop a social media policy, Newsday was told it is paramount that a non-discrimination policy become a focus.

“If you have a policy of non discrimination, then you will be able to take action. So, it depends on what you have in your policy. Now, it's not just a social media policy, you want to have a non-discrimination policy as well, but really the issue is one of discrimination.

The ECA representative said when an employee makes a remark considered to be discriminatory, there is the risk of other employees' reputation being jeopardised as well as the company.

Vivek Charran, president of the San Juan Business Association ,described the Ramsaran's Dairy incident as a “thorny and difficult situation."

He described the act by the family member as "unforgettable," but asked whether the company should be punished for what someone did in their private space.

Charran said what had to be considered was the ripple effect on other employees who could have found themselves on the breadline because of one person's comments.

When Newsday contacted Ramsaran's Dairy Products, a company representative said the family has no comment and was still discussing the issue internally.

President of the Supermarket's Association Rajiv Diptee had no comment on Friday, and several of the supermarkets which pulled Ramsaran's Dairy Products from their shelves could not say what was their next step involving business with the company going forward.