Frequently Asked Questions:

1.    What is the Human Rights Code?

The Human Rights Code was passed by the Newfoundland Legislature in 1969. The Code, which is part of the law of Newfoundland and Labrador, was proclaimed fully in force on September 1, 1971. It has been amended several times since in order to improve protections.

2.    Why is there a Human Rights Code?

The Legislature of Newfoundland and Labrador believes implicitly in the Universal Declaration of Human Rights as proclaimed by the United Nations. To reaffirm the Legislature’s faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women, the Code was made law. The provisions of the Code allow for the regulation of all matters concerning human rights that fall within the competence of the legislature.

3.    What is the effect of The Human Rights Code?

In the areas of accommodation, services, occupancy of dwelling units, employment and publications, the Code prohibits discrimination on the basis of race, religion, religious creed, sex, marital status, physical disability, mental disability, political opinion, sexual orientation, colour or ethnic, national or social origin, age and family status. However, it should be noted that a bona fide occupational qualification may be a significant factor in the consideration of a particular situation.

The Code prohibits harassment of a person who is an occupant of a commercial unit or dwelling unit because of race, religion, sex, marital status, physical disability, mental disability, etc. Harassment, on the same basis, is also prohibited in a place of business.

The Code prohibits a person who is in a position to confer, grant or deny a benefit or advancement from engaging in sexual solicitation or sexual advance where the person making the advance knows or ought reasonably to know that it is unwelcome. A complaint may be filed against a co-worker where a supervisor has been advised of the matter.

4.    What are Special Programs?

The Commission may approve programs, generally referred to as affirmative action programs, that are designed to prevent, reduce or eliminate disadvantages that may be suffered by any group of individuals where the disadvantages are related to a protected heading under the Code. When approved, the program would not be in violation of the Code.

5.    What is The Human Rights Commission?

The appointment of the Commission is provided for in the Code. There are presently five commissioners plus other administrative staff who bring wide-ranging training and experience to this sensitive field. The commissioners have both a specific and general responsibility. The specific responsibility is to administer and enforce the Code whilst the general responsibility is to be concerned with promoting, through education, an awareness of human rights that will lessen discrimination.

6.    How can a Person obtain Information about Discrimination?

Contact the office of the Human Rights Commission by letter, phone or personal visit.

7.    When should a Complaint of Discrimination be made?

When a person believes that he or she has been discriminated against contrary to the provision of the Code, then the complaint should be made as quickly as possible and in writing. A complaint must be made within twelve months after the last incident of the alleged contravention.

8.    Will the Commission charge a Fee for its Service?

No. A complaint will be considered and investigated without cost by an officer of the Commission. The Human Rights Commission is a public service agency.

9.    How is a Complaint dealt with by the Commission?

An officer of the Commission will discuss the complaint and request a full written statement giving full details of the alleged discriminatory act. The person accused of being discriminatory will be contacted and made fully aware of the facts of the matter. If the officer concludes that there has been discrimination, contrary to the provisions of the Code, then an attempt will be made to settle the matter by agreement between the parties. The settlement must be approved by the Commission.

10.    If the attempt to settle the matter by Agreement fails what happens then?

The Chief Adjudicator, on the request of the Chairperson, shall appoint a Board of Inquiry. The Board of Inquiry will be a formal hearing at the end of which it will issue an order or decision, in writing, along with a written statement of the reasons for the order or decision. There is a right to appeal an order or decision of a Board of Inquiry by the way of application to the Trial Division.

11.    What happens at the Hearing or Inquiry?

The parties to the matter are given a full opportunity to present their position. The Board of Inquiry has wide-ranging powers to compel persons to appear before it and to obtain such information and documents as it considers necessary.

12.    Can the Human Rights Commission assist a Complainant at an Inquiry?

Yes. The Commission shall have carriage of the complaint.

13.    Can a Person withdraw a Complaint after making it to the Commission?

Yes. The Commission may discontinue a matter at the request of the complainant.

14.    Are Complainants protected?

Under the provisions of the Code, persons who make complaints and who give evidence are protected against certain retaliatory actions covered under Section 15 of the Code.

15.    May I file a complaint with the Human Rights Commission because I have been wrongfully dismissed?

The Human Rights Commission does not handle wrongful dismissal complaints. However, if you have been dismissed on the basis of one of the protected grounds under the Human Rights Code, i.e. race, sexual orientation, disability, etc., you may have grounds for a complaint.

16.     If I file a human rights complaint may I file a civil action regarding wrongful dismissal?

If you have been dismissed from your employment for grounds other than in the Human Rights Code you should consult a lawyer as to whether you have grounds for civil action. If the situation is one that fits under the Human Rights Code there is no law that prohibits you from having a civil action ongoing at the same time.

17.    May I file a personal harassment complaint with the Human Rights Commission?

No. The Human Rights Commission can only accept complaints if they are filed under the appropriate grounds and areas outlined in the Human Rights Code. For example if two employees could not get along because they did not like each other they would be unable to file a complaint with the Human Rights Commission.

Yes, if the employer can establish the drug tests as a good faith occupational requirement or for post-incident assessment. For example, trucking companies may argue that random drug testing for drivers may be a good faith job requirement. However, it would be difficult for a restaurant operator to insist that it is a good faith occupational requirement for waiters to be tested for drugs.

19.     May employers use video cameras to observe the employees’ day-to-day activities?

This question, while important, is not considered a human rights issue. Surveillance of employees’ privacy is not covered under the Human Rights Code. However, this issue may be covered in another piece of legislation.

As important as they may be, not all rights are protected under the Human Rights Code. The Human Rights Commission has jurisdiction only in the specific grounds and areas outlined in the Human Rights Code.

An employer is only entitled to medical information that is job related. Requests for medical information from an employee are limited to data which indicates the employee’s capabilities in relation to specific job duties.