New Brunswick Human Rights Commission
New Brunswick Human Rights Act

Protected Grounds
Prohibited grounds of discrimination 2.1
For the purposes of this Act, the prohibited grounds of discrimination are
(a) race, (b) colour, (c) national origin, (d) ancestry, (e) place of origin,
(f) creed or religion, (g) age, (h) physical disability, (i) mental disability, (j) marital status, (k) family status, (l) sex, (m) sexual orientation, (n) gender identity or expression, (o) social condition, and (p) political belief or activity.

Suggested Changes of the Act with Respect to Volunteers
From
Definitions 2, The following definitions apply in this Act
(definitions omitted here for brevity)
“Board”, “business or trade association”, “commercial unit”, “Commission”, “delegate”, “employer”, “employers’ organization”, “employment agency”, “mental disability”, “Minister”, “person”, “physical disability”, “professional association”, “sex”, “social condition”, “trade union”.

To
Definitions 2, The following definitions apply in this Act
(other definitions omitted here for brevity)
“Board”, “business or trade association”, “commercial unit”, “Commission”, “delegate”,

“employment” includes a contractual relationship with an individual for the provision of services, paid or unpaid (volunteer), personally by the individual; (emploi)

“employer”, “employers’ organization”, “employment agency”, “mental disability”, “Minister”. “person”, “physical disability”, “professional association”, “sex”, “social condition”, “trade union”

Suggested Changes of the Act with Respect to Visible Identity
From
Discrimination in employment 4
4(1) No person shall, based on a prohibited ground of discrimination,
(a) refuse to employ or continue to employ any person, or
(b) discriminate against any person in respect of employment or any term or condition of employment.

4(2) No employment agency shall discriminate against a person seeking employment based on a prohibited ground of discrimination.

4(3) No trade union or employers’ organization shall, based on a prohibited ground of discrimination,
(a) exclude any person from full membership,
(b) expel, suspend or otherwise discriminate against any of its members, or
(c) discriminate against any person in respect of his or her employment by an employer.

4(4) No person shall express either directly or indirectly a limitation, specification or preference, or require an applicant to furnish any information as to a prohibited ground of discrimination, in respect of
(a) the use or circulation of a form of application for employment,
(b) the publication of an advertisement in connection with employment or causing its publication, or
(c) an oral or written inquiry in connection with employment.

To
Discrimination in employment 4
4(1) No person shall, based on a prohibited ground of discrimination,
(a) refuse to employ or continue to employ any person, or
(b) discriminate against any person in respect of employment or any term or condition of employment.
(c) discriminate against any person who wears symbolic items reflecting their individual identities with respect to section 2.1. Prohibited Grounds of Discrimination.

4(2) No employment agency shall discriminate against a person,
(a) seeking employment based on a prohibited ground of discrimination
(b) who wears symbolic items reflecting their individual identities with respect to section 2.1. Prohibited Grounds of Discrimination.

4(3) No trade union or employers’ organization shall, based on a prohibited ground of discrimination,
(a) exclude any person from full membership,
(b) expel, suspend or otherwise discriminate against any of its members, or
(c) discriminate against any person in respect of his or her employment by an employer.
(d) discriminate against any person who wears symbolic items reflecting their individual identities with respect to section 2.1. Prohibited Grounds of Discrimination.

4(4) No person shall express either directly or indirectly a limitation, specification or preference, or require an applicant to furnish any information as to a prohibited ground of discrimination, in respect of
(a) the use or circulation of a form of application for employment,
(b) the publication of an advertisement in connection with employment or causing its publication, or
(c) an oral or written inquiry in connection with employment.
(d) against any person who wears symbolic items reflecting their individual identities with respect to section 2.1. Prohibited Grounds of Discrimination.

Suggested Petition
Information about Petitions
Whereas.
The Human Rights of volunteers have been protected by legal practice it is essential that this protection be codified in the New Brunswick Human Rights Act (NBHRA).

And Whereas.
Diversity is not always visible, and it should be celebrated, not a target of hate, so protection is needed in the NBHRA for persons who’ choose to display their individual identities with respect to the protected grounds of the NBHRA, while employed or volunteering.

And Whereas.
This is a complex issue and the New Brunswick Human Rights Commission is best suited to develop a working policy on implementation.

And Whereas.
One should not be judged by their identities displayed rather by their actions as a volunteer or employee.

We the Undersigned Citizens of New Brunswick request the Legislative Assembly to:

Amend the NBHRA to protect persons who volunteer.

AND

Amend the NBHRA to protect individuals who’s individual identities are based on the protected grounds of the NBHRA from removal, refusal, reassignment or retaliation, while choosing to wear symbolic items, that reflects their individual identities, while volunteering or employed..

Suggested Letter to Member of the Legislative Assembly (MLA)
Members of the New Brunswick Legislative Assembly
Notes: Copy, paste and edit to your liking. MLA’s will prioritize responding from persons in their riding.

Dear Member of the Legislative Assembly Full Name.

The Human Rights of volunteers have been protected by legal practice. It is essential that this protection be codified in the New Brunswick Human Rights Act (NBHRA).

Diversity is not always visible, and it should be celebrated, not a target of hate, so protection is needed in the NBHRA for persons who’ choose to display their individual identities with respect to the protected grounds of the NBHRA, while employed or volunteering.

This is a complex issue and the New Brunswick Human Rights Commission is best suited to develop a working policy on implementation.

One should not be judged by their identities displayed rather by their actions as a volunteer or employee.

Please consider the following amendments to the NBHRA as listed below.

In Solidarity.
Your Full Name
Your Address
Your Telephone Number

Amendment 1. Insert the subsection text “employment” includes a contractual relationship with an individual for the provision of services, paid or unpaid (volunteer), personally by the individual; (emploi) “ after the definition of “delegate” in section 2.

Resulting In
Definitions 2, The following definitions apply in this Act
(other definitions omitted here for brevity)
“Board”, “business or trade association”, “commercial unit”, “Commission”, “delegate”,

“employment” includes a contractual relationship with an individual for the provision of services, paid or unpaid (volunteer), personally by the individual; (emploi)

“employer”, “employers’ organization”, “employment agency”, “mental disability”, “Minister”, “person”, “physical disability”, “professional association”, “sex”, “social condition”, “trade union”

Amendment 2. Add the paragraph “(c) discriminate against any person who wears an item reflecting their individual identity with respect to section 2.1. Prohibited Grounds of Discrimination.” after section 4(1) (b).

Amendment 3 Insert the text “, (a) after the word “person” in 4(2).

Amendment 4 Add the text “(b) who wears an item reflecting their individual identity with respect to section 2.1. Prohibited Grounds of Discrimination.” at the end of section 4(2),

Amendment 6 Add the text “(d) discriminate against any person who wears an item reflecting their individual identity with respect to section 2.1. Prohibited Grounds of Discrimination.” at the end of section 4(3).

Amendment 7 Add the text “(d) against any person who wears an item reflecting their individual identity with respect to section 2.1. Prohibited Grounds of Discrimination.” at the end of section 4(4).

Resulting In
Discrimination in employment 4
4(1) No person shall, based on a prohibited ground of discrimination,
(a) refuse to employ or continue to employ any person, or
(b) discriminate against any person in respect of employment or any term or condition of employment.
(c) discriminate against any person who wears symbolic items reflecting their individual identities with respect to section 2.1. Prohibited Grounds of Discrimination.

4(2) No employment agency shall discriminate against a person,
(a) seeking employment based on a prohibited ground of discrimination
(b) who wears symbolic items reflecting their individual identities with respect to section 2.1. Prohibited Grounds of Discrimination.

4(3) No trade union or employers’ organization shall, based on a prohibited ground of discrimination,
(a) exclude any person from full membership,
(b) expel, suspend or otherwise discriminate against any of its members, or
(c) discriminate against any person in respect of his or her employment by an employer.
(d) discriminate against any person who wears symbolic items reflecting their individual identities with respect to section 2.1. Prohibited Grounds of Discrimination.

4(4) No person shall express either directly or indirectly a limitation, specification or preference, or require an applicant to furnish any information as to a prohibited ground of discrimination, in respect of
(a) the use or circulation of a form of application for employment,
(b) the publication of an advertisement in connection with employment or causing its publication, or
(c) an oral or written inquiry in connection with employment.
(d) against any person who wears symbolic items reflecting their individual identities with respect to section 2.1. Prohibited Grounds of Discrimination.