STATUTE TOPIC PROVISION SOURCE
NEWFOUNDLAND AND LABRADOR
Human Rights Act, 2010, SNL 2010, cH-13.1 Prohibited grounds of discrimination 9. (1) For the purpose of this Act, the prohibited grounds of discrimination are race, colour, nationality, ethnic origin, social origin, religious creed, religion, age, disability, disfigurement, sex, sexual orientation, gender identity, gender expression, marital status, family status, source of income and political opinion.

(2) Where this Act protects an individual from discrimination on the basis of sex, the protection includes the protection of a female from discrimination on the basis that she is or may become pregnant.

(3) Where this Act protects an individual from discrimination on the basis of disability, the protection includes the protection of an individual from discrimination on the basis that he or she
  1. has or has had a disability;
  2. is believed to have or have had a disability; or
  3. has or is believed to have a predisposition to developing a disability.
(4) Where this Act protects an individual from discrimination on the basis of a prohibited ground of discrimination, it also protects the individual from discrimination on the basis of
  1. 2 or more prohibited grounds of discrimination or the effect of a combination of prohibited grounds; and
  2. the individual's association or relationship, whether actual or presumed, with an individual or class of individuals identified by a prohibited ground of discrimination.
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Intent 10. Discrimination in contravention of this Act does not require an intention to discriminate.
Harassment of occupant prohibited 13. A person, directly or indirectly, alone or with another, by himself or herself only, or by the interposition of another, shall not harass a person or class of persons who occupies a commercial unit or a self-contained dwelling unit on the basis of a prohibited ground of discrimination.
Discrimination in employment





[Defences]
14. (1) An employer, or a person acting on behalf of an employer, shall not refuse to employ or to continue to employ or otherwise discriminate against a person in regard to employment or a term or condition of employment on the basis of a prohibited ground of discrimination, or because of the conviction for an offence that is unrelated to the employment of the person.

(2) Subsection (1) does not apply to the expression of a limitation, specification or preference based on a good faith occupational qualification.

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(6) The provisions of subsections (1), (4) and (5) as to age shall not apply to
  1. prevent the operation of a good faith retirement or pension plan;
  2. operation of the terms or conditions of a good faith retirement or pension plan which have the effect of a minimum service requirement; or
  3. operation of the terms or conditions of a good faith group or employee insurance plan.
(7) Paragraph (6)(a) does not apply to a provision of a good faith retirement or pension plan requiring a person to retire at an age set out in the plan.

This section does not apply to an employer
  1. that is an exclusively religious, fraternal or sororal organization that is not operated for private profit, where it is a reasonable and genuine qualification because of the nature of the employment; or
  2. with the exception of subsection (5) as it applies to advertising, in respect of the employment of a person to provide personal services.
(9) The right under this section to equal treatment with respect to employment is not infringed where a judge is required to retire on reaching a specified age under the Provincial Court Act, 1991.

(10) In paragraph (8)(b) and subsection 15(5),
  1. "employer" means a person who employs a person to provide personal services to him or her or to a member of his or her family; and
  2. "personal services" means work of a domestic, custodial, companionship, personal care, child care, or educational nature, or other work within the private residence that involves frequent contact or communication with persons who live in the residence.
Discrimination re: attachment of wages, etc.









[Defence]
15. (1) An employer, or a person acting on behalf of an employer, shall not refuse to employ or to continue to employ or otherwise discriminate against a person in regard to employment or a term or condition of employment because of that person's pay
  1. from another or previous employer having been; or
  2. from him or her or another employer being or becoming subject to
  3. attachment or seizure in satisfaction of a claim against; or
  4. alienation, assignment or transfer by that person, but discrimination based on a good faith occupational qualification with respect to persons whose duties include the collecting, receiving or depositing of money belonging to the employer does not constitute a failure to comply with this subsection.
.......

(5) This section, with the exception of subsection (4) as it applies to advertising, does not apply to an employer in respect of the employment of a person to provide personal services.
Equal pay for same or similar work

[Defence]
16. (1) An employer, or a person acting on behalf of an employer, shall not establish or maintain differences in wages between employees employed in the same establishment who are performing, under the same or similar working conditions, the same or similar work on jobs requiring the same or similar skill, effort and responsibility on the basis of a prohibited ground of discrimination, except where that payment is made under
  1. a seniority system; or
  2. a merit system.
(2) Employees employed in the same establishment who are performing under the same or similar working conditions, the same or similar work on jobs requiring the same or similar skill, effort and responsibility shall have
  1. opportunities for training and advancement; and
  2. pension rights and insurance benefits without discrimination on the basis of a prohibited ground of discrimination.
(3) An employer shall not reduce the wages of an employee in order to comply with subsection (1).
Harassment in establishment prohibited 17. A person in an establishment shall not harass another person in the establishment on the basis of a prohibited ground of discrimination.
Protection of complainants and others 20. A person, employer or trade union shall not evict, discharge, suspend, expel or otherwise discriminate against a person because he or she has made a complaint or given evidence or helped in respect of the initiation or furtherance of a complaint or other proceeding under this Act.
Discrimination prohibited in contracts 21. (1) A person shall not, in making available to a person a contract that is offered to the public,
  1. discriminate against a person or class of persons on the basis of a prohibited ground of discrimination; or
  2. include terms in the contract that discriminate against a person or class of persons on the basis of a prohibited ground of discrimination.
(2) The right under subsection (1) does not apply to discrimination on the basis of disability within the meaning of subparagraph 2 (c)(ii) or (iii) where a person refuses to contract with another person who does not have the legal capacity to contract.

(3) The right under subsection (1) is not infringed where
  1. a contract of automobile, life, accident or sickness or disability insurance;
  2. a contract of group insurance between an insurer and an association or person;
  3. a life annuity;
  4. a pension contract; or
  5. a contract, other than one mentioned in paragraphs (a) to (d), that is prescribed in the regulations as a contract or one of a category of contracts that differentiates or makes a distinction, exclusion or preference on good faith grounds because of disability, age or family status.