The General Assembly,
Recognising the dearth of international protections against discrimination based on arbitrary characteristics for the purposes of hiring or firing individuals in regards to employment.
Defining for the purposes of this resolution:
- "Employee" to mean any individual paid directly by an employer in exchange for work.
- "Protected identity characteristics" to refer to either of the following:
- "Immutable characteristics" to refer to any characteristics or traits within an individual which are impossible to change, such as but not limited to; race, romantic attraction, sexual orientation, and sex.
- Noting that certain immutable characteristics voluntarily obtained through the conduct of illegal activity may not be protected for a certain period of time within member-states in regards to this legislation, subject to legislation from the same.
- Noting that further immutable physical characteristics such as age may not be protected in the event of incompetence as delineated and subject to prior General Assembly and member-state legislation, but that it may be protected following such incapability.
- "Protected mutable characteristics" to refer to any characteristics which are mutable to any individual but still warrant protection from discrimination, including but not limited to the following:
- Gender, as gender may fluctuate and change in construction over time.
- Mental disorders or conditions, as they may resolve or change over time, and that certain exceptions may exist as required per variances and that examples of such may include but are not limited to suicidality or schizophrenia, and;
- Congenital or obtained medical conditions, as they may resolve or change in strength or otherwise over time.
- "Variances, lapses," or otherwise words denoting the provision of exceptions, to refer to case-specific exemptions as provided in line with this resolution's measures, while not so exempting them from such clauses as they may not be exempted from.
Forming the Fair Employment Commission (FEC) for the purpose of handling individual or national complaints in regards to this resolution, and for levying appropriate punishment or compensation as negotiated between itself and the member-state in question on violators or those affected by noncompliance of this resolution.
Further mandating that the FEC:
- Survey a fair sample of employees within member-states for the purpose of finding potential noncompliance with this resolution which hasn't hitherto been actively reported, such that this resolution may be enforced in such a case as other enforcement mechanisms failing to come into effect.
- Hold regular hearings with relevant entities for the purpose of handling wide-scale noncompliance with this resolution through variances or otherwise cooperating with existing enforcement mechanisms.
- Grant variances or lapses for member-states in such industries or industry-specific positions as may require a selective employment process, as determined by the FEC, such as but not limited to:
- The field of education.
- Religious institutions
- Grant variances or lapses for member-states in such cases as may be necessitated for the conduct of affirmative action to enhance the socioeconomic status of previously discriminated, disenfranchised, or otherwise oppressed peoples, taking into account whether such a lapse to permit for affirmative action may legitimately aid the targeted people(s) within the member-state in question as positively as intended.
- Grant variances or lapses for member-states for specific industries which may be impacted by the presence or lack of certain characteristics, aptitudes, or capabilities as a major part of their work, possibly including but not limited to:
- Security or protection.
- Physically or otherwise mentally strenuous industries, such as in the militaries of member-states.
- Recognising that for the granting of variances here, such lapses may be granted especially in regards to protected mutable characteristics, such as with mental conditions or physical disabilities, as they may severely impede on the safety of workers or of those served by industries on an individual industry-by-industry basis.
Hereby mandates member-states to the following, subject to variances and lapses as established by the FEC:
- Prohibits employers within member-states from making decisions on the hiring or firing of employees on the basis of protected identity characteristics.
- Forbids employers within member-states from making decisions on the promotion, demotion, payment, or salary of employees for positions within the employer's organisation on the basis of protected identity characteristics.
Noting that prior General Assembly legislation still in force supersedes this resolution.
