The inherent dignity and equal rights of all Bermuda citizens and residents are protected by legislation.

The Human Rights Act 1981 (the Act) prohibits discrimination by any person against another person in a number of defined respects by virtue of race, place of origin, colour, ancestry, sex, marital status, disability, religious and political opinions.

In all cases in this column, discrimination will mean by any of the defined respects in the Act.

The defined respects include a prohibition against discrimination in the disposal of premises.

A person cannot discriminate against any person who is seeking to acquire any accommodation, premises or land by refusing to dispose it to him.

Similar discrimination cannot occur against anyone occupying or in need of any accommodation.

It is also unlawful to discriminate against any Bermudian who seeks to acquire accommodation, premises or other land by refusing or deliberately omitting to dispose to him on like terms and conditions upon which he would dispose of it to a non-Bermudian.

It is similarly unlawful to discriminate against any person in the supply of goods, facilities, or services.

This may be done by refusing or deliberately omitting to provide him with any of such goods, services or facilities in the like quality and manner on which such goods, facilities or services are made available to others.

Employers cannot discriminate against any person by refusing to engage any person for employment, by dismissing or refusing to employ or continue to employ any person or by refusing to train, promote or transfer an employee.

The Act provides that no employee shall be harassed at work on the grounds of race, colour, ancestry or place of origin.

Organisations are prohibited from discriminating against any person who is not a member of the organisation by refusing or omitting to admit him to membership on like terms that govern other persons applying for membership.

Nor are organisations permitted to refuse or omit to give to any member of the organisation the same benefits as are accorded other members.

Persons are prohibited from refusing to employ, threatening to dismiss or penalise any employee or intimidating or coercing any person in order to prevent another person from making a human rights complaint.

Sexual harassment is specifically prohibited by any person in a position of authority in terms of an employment relationship, by any person in a tenancy relationship or by fellow employees in the context of a work place.

The Act creates a Human Rights Commission (the Commission), which comprises between five to 12 persons each of whom is appointed for terms not exceeding three years.

The members are appointed by the Governor.

The Commission is responsible for the administration of the Act.

This includes encouraging the fundamental rights and freedoms guaranteed by the Constitution, the promotion and understanding of the Act, developing educational programmes, encouraging activities which promote the principle of equal dignity and equal rights and, most importantly, receiving complaints of discrimination under the Act.

Once a complaint is made to it, the Commission has the power to investigate the complaint and to decide on its merits.

If the Commission finds that there are reasonable grounds for believing that any person has contravened a provision of the Act, it will normally formulate the complaint in the form of a written document which is served upon the Respondent to the complaint.

The Respondent is invited to respond.

Thereafter, the Commission interviews material witnesses, examines relevant documentation and provides a written decision.

If the Commission concludes that no contravention has occurred, the complaint is dismissed.

If the Commission finds that the Act has been contravened, it will endeavour to settle the complaint.

Such a settlement will normally take the form of monetary compensation together with an apology and other steps that the Respondent may be required to fulfil in order to ensure that future contraventions do not occur.

If the settlement of the complaint does not occur either because the Respondent does not accept the Commission's findings or is not prepared to pay compensation or any other matter which may be required by the Commission, the Commission may refer the complaint to the Minister responsible for Human Rights.

The Minister has the power to remit the complaint to a Board of Inquiry (the Board) in order to hear and determine the complaint in question.

The Board has broad powers to hear witnesses and come to a determination on whether the complaint is made out or not.

An appeal from a Board decision may be taken to the Supreme Court of Bermuda.

The Court is given the power to affirm or reverse the decision of the Board or it may substitute its own order for that of the Board.

Persons who are guilty of an offence under the Act may be charged before the Magistrates' Court.

The punishment on conviction is for a fine not exceeding $5,000 for a first offence and for second or subsequent offences imprisonment for a maximum of three years or a fine of $15,000 or both.

Attorney Jai Pachai is a member of the Litigation Department of Appleby Spurling & Kempe.

Copies of Mr. Pachai's columns may be obtained on the Appleby Spurling & Kempe web site at www.ask.bm. This column should not be used as a substitute for professional legal advice.

Before proceeding with any matters discussed here, persons are advised to consult with a lawyer.

LAWYERS LEG