Human Rights Amendment Act 1995
The Laws of Bermuda
Annual Volume of Public Acts 1995 : 1
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BERMUDA
1995 : 1
HUMAN RIGHTS AMENDMENT ACT 1995
[Date of Assent 14 February 1995]
[Operative Date 14 February 1995]
WHEREAS it is expedient to amend the Human Rights Act 1981:
Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:
Citation
1 This Act which amends The Human Rights Act 1981 (hereinafter
referred to as "the principal Act") may be cited as The Human Rights
Amendment Act 1995.
Inserts new sections 6A and 6B in principal Act
2 (1) The principal Act is amended by inserting next after section
6 the following new sections—
"Special programmes
6A (1) Notwithstanding the provisions of this Part, the
Commission may, upon conditions or limitations and subject to
revocation or suspension, approve in writing any special plan or
programme, by the Government or by any agency thereof or by
any person, where such plan or programme—
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(a) is designed to relieve hardship or economic
disadvantage or to assist disadvantaged persons
or groups to achieve or attempt to achieve equal
opportunity; or
(b) is designed to increase the employment of
members of a group or class of persons because
of the race, colour, nationality or place of origin
of the members of the group or class.
(2) For the purposes of subsection (1), an application
for the approval of the Commission must be in writing and must
be supported by such information, if any, as the Commission
may require.
Employers, etc., not to harass employee
6B No person who is an employee shall be harassed in the
work place by the employer or agent of the employer or by
another employee, whether such harassment is based on race,
colour, ancestry or place of origin."
Amends section 15 of principal Act
3 Section 15 of the principal Act is amended—
(a) by deleting subsection (1) and substituting the
following—
"(1) Subject to the following provisions of
this Part where—
(a) any person complains to the
Commission upon grounds which
appear to be genuine that he has
suffered unlawful discrimination by
reason of any alleged contravention
of this Act; or
(b) the Commission has reasonable
grounds for believing that any person
has contravened any provision of this
Act,
the Commission shall have power to investigate, and
it shall be the duty of the Commission as soon as is
reasonably possible to investigate and—
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Annual Volume of Public Acts 1995 : 1
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(c) endeavour to settle the causes of the
complaint; or
(d) endeavor to cause the contravention
to cease,
as the case may be.";
(b) by deleting subsection (3) and substituting the
following—
"(3) The Commission shall give notice in
writing of the complaint or belief, as the case may be,
to the person or organization against whom the
complaint was made or in relation to whom the belief
arose, and the notice shall state that the Commission
intends to investigate the complaint or the belief.
(3A) Where pursuant to subsection (3) the
Commission gives notice to any person or
organization that it believes that that person or
organization has contravened any provision of the
Act, the notice shall specify the grounds for that
belief.";
(c) by deleting subsection (4) and substituting the fol-
lowing—
"(4) The Commission shall determine the
terms of reference for any investigation carried out
pursuant to this section."; and
(d) in subsection (9), by deleting the word "shall" and
substituting the word "may";
Amends section 18 of principal Act
4 Section 18 of the principal Act is amended by deleting
subsection (1) and substituting the following—
"(1) Where—
(a) it appears to the Commission that—
(i) it is unlikely in the circumstances to be
able to settle the causes of a com-
plaint; or
(ii) the Commission has been trying for a
period of nine months to settle the
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causes of a complaint but has been
unsuccessful,
and the complaint is not of such a kind or of such
gravity as to warrant a prosecution, the Commission
shall refer the complaint to the Minister who may, in his
discretion, refer it to a board of inquiry appointed under
subsection (2).
(1A) Where—
(a) the Commission refers a complaint to the
Minister under subsection (1);
(b) the Minister appoints a board of inquiry; and
(c) the complainant applies to the Commission for
assistance under this section,
the Commission shall consider the application and may
grant it if it considers it fit to do so.
(1B) Assistance granted under subsection (1A) shall be
on the ground that it would be unreasonable, having
regard to the complexity of the case or the complainant's
position in relation to the person against whom the
complaint is made or another person involved or any
other matter , to expect the complainant to deal with the
case unaided.
(1C) Assistance by the Commission under this section
may include—
(a) giving advice;
(b) arranging for the giving of advice or assistance
by an attorney;
(c) arranging for representation by any person; and
(d) any other form of assistance which the
Commission may consider appropriate."
Amends section 20 of principal Act
5 Section 20 of the principal Act is amended by inserting next after
subsection (3) the following—
"(4) For the avoidance of doubt it is hereby declared that
restitution in relation to a contravention of any provision of this Act
includes financial restitution for injury to feelings.".
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Inserts new section 20A in principal Act
6 The principal Act is amended by inserting next after section 20
the following new section—
"Claims under Part II
20A (1) A claim by any person ("the claimant") that
another person ("the respondent") has committed an act of
discrimination against the claimant which is made unlawful by
virtue of Part II may be made the subject of civil proceedings in
like manner as any other claim in tort.
(2) For the avoidance of doubt it is hereby declared
that damages in respect of an unlawful act of discrimination may
include compensation for injury to feelings whether or not they
include compensation under any other head.".
Amends section 22 of the principal Act
7 Section 22 of the principal Act is amended—
(a) in subsection (2)(i), by deleting the figure "$1,000"
and substituting the figure "$5,000";
(b) in subsection (2)(ii), by deleting the words "three
months" and substituting the words "three years" and
by deleting the figure $3,000" and substituting the
figure "$15,000";
(c) in subsection (3)(i), by deleting the figure "$1,000"
and substituting the figure "$5,000"; and
(d) in subsection (3)(ii), by deleting the figure "$5,000"
and substituting the figure "$25,000".
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