Human Rights Amendment Act 2000

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/2000/Acts/Human%20Rights%20Amendment%20Act%202000.pdf

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Human Rights Amendment Act 2000
HUMAN RIGHTS AMENDMENT ACT 2000

1

BERMUDA
2000 : 37

HUMAN RIGHTS AMENDMENT ACT 2000

[Date of Assent 24 August 2000]

[Operative Date 24 August 2000]

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 ("the
principal Act") may be cited as the Human Rights Amendment Act 2000.

Amendment of section 2 of principal Act
2 Section 2 of the principal Act is amended—

(a) in subsection (1), by deleting the definition of "disabled
person" and substituting the following—

""disabled person" means a person who has any degree
of physical disability, infirmity, malformation, or
disfigurement that is caused by bodily injury, birth
defect or illness, including diabetes, epilepsy,
acquired immune deficiency syndrome, human
immunodeficiency virus, paralysis, amputation, lack

HUMAN RIGHTS AMENDMENT ACT 2000

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of physical coordination, blindness or visual
impediment, deafness or hearing impediment,
muteness or speech impediment, or physical reliance
on a guide dog, wheelchair or other remedial
appliance or device;";

(b) in subsection (2)(a)—

(i) in subparagraph (i), by deleting the word
"ancestry" and substituting the words "ethnic or
national origins";

(ii) by deleting the word "or" following subparagraph
(v);

(iii) in subparagraph (vi) by deleting the words
"religious beliefs" and substituting the words
"religion or beliefs";

(iv) by inserting after subparagraph (vi) the
following—

" ; or

(vii) of his criminal record, except where
there are valid reasons relevant to the
nature of the particular offence for
which he is convicted that would justify
the difference in treatment.".

(c) in subsection (2)(b)—

(i) by deleting the words "ancestry," where they
occur in subparagraphs (i) and (ii) and
substituting the words "ethnic or national
origins";

(ii) in subparagraph (i), by deleting the words
"religious beliefs," and substituting the words
"religion, beliefs";

(iii) in subparagraph (ii), by deleting the words
"religious belief" and substituting the words
"religion, beliefs".

Amendment of section 3 of principal Act
3 Section 3(2)(b)(i) of the principal Act is amended by deleting the
words "political or religious beliefs, ancestry" and substituting the words
"political opinions, religion, beliefs or ethnic or national origins".

HUMAN RIGHTS AMENDMENT ACT 2000

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Amendment of section 6 of principal Act
4 Section 6 of the principal Act is amended—

(a) in subsection (1)(b), by inserting after the word
"dismissing" the words ", demoting";

(b) in paragraph (a) of the proviso to subsection (4) by
inserting after the word "Government" the words "or
Government Board".

(c) in subsection (6), by deleting the words "religious beliefs"
and "religious belief" and substituting the words
"religion, beliefs" and "religion, belief" respectively;

(d) by deleting subsection (10).

Amendment of section 6A of principal Act
5 Section 6A(1)(b) of the principal Act is amended by deleting the
word "nationality" and substituting the words "ethnic or national
origins".

Amendment of section 6B of principal Act
6 Section 6B of the principal Act is amended—

(a) by designating the existing section as subsection (1);

(b) by deleting the word "ancestry" and substituting the
words "ethnic or national origins";

(c) by adding the following—

" (2) For the purposes of subsection (1) a person
harasses another person if he persistently engages in
comment or conduct towards that other person—

(a) which is vexatious; and

(b) which he knows, or ought reasonably to
know, is unwelcome.".

Amendment of section 7 of principal Act
7 Section 7(3) of the principal Act is amended by deleting the word
"ancestry" and substituting the words "sex, ethnic or national origins,
marital status";

Amendment of section 8 of principal Act
8 Section 8(b) of the principal Act is amended by inserting after
word "dismiss" the words "or demote".

HUMAN RIGHTS AMENDMENT ACT 2000

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Amendment of section 8A of principal Act
9 Section 8A of the principal Act is amended by deleting the word
"excite" where it thrice occurs and substituting the word "incite".

Amendment of section 9 of principal Act
10 Section 9 of the principal Act is amended—

(a) in subsection (3), by adding the words "and an employer
shall take such action as is reasonably necessary to
ensure that sexual harassment does not occur in the
workplace";

(b) in subsection (4), by deleting the words "a course of".

Amendment of section 13 of principal Act
11 Section 13 of the principal Act is amended by the addition of the
following—

" (6) At a meeting of the Commission five members
constitute a quorum.".

Insertion of section 14B in principal Act
12 The principal Act is amended by inserting after section 14A the
following—

"Guidelines
14B (1) The Commission may prepare and, with the prior
approval of the Minister, publish guidelines for the information
of the public in relation to any matter relevant to its functions
under section 14.

(2) Before publishing guidelines under subsection (1),
the Commission may consult any organization it considers to
have an interest in the matter.

(3) The guidelines do not have the force of law but may
be received as evidence of the matters set out in them.".

Amendment of section 15 of principal Act
13 Section 15(5) of the principal Act is amended by inserting after
the words "making oral" where they secondly occur the words "or
written".

Repeal and replacement of section 30 of principal Act
14 Section 30 of the principal Act is repealed and the following is
substituted—

HUMAN RIGHTS AMENDMENT ACT 2000

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"Confidentiality
30 (1) During an investigation every member, officer and
servant of the Commission shall preserve confidentiality with
respect to all matters relating to the affairs of any person that
may come to their knowledge in the course of their functions.

(2) Any member, officer or servant of the Commission
who—

(a) communicates any matter; or

(b) suffers or permits any unauthorized person to
have access to any books, papers or records
relating to any person,

in contravention of subsection (1) commits an offence and is
liable on summary conviction to a fine of $1000 or imprisonment
for 6 months, or both.

(3) Without prejudice to subsections (1) and (2), the
Commission may disclose to any Government Department or
agency or to the public generally any information the
Commission considers relevant to increase public awareness and
understanding of issues related to human rights.

(4) The Commission shall not disclose information
under subsection (3) relating to any allegation of sexual
harassment or identifying the persons involved in any such
allegation.

(5) Nothing in this section shall be construed to
prevent the Commission from disclosing non-identifying
statistical and educational data.".