Bermuda
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law. National law also provides employees protection from bullying.
Applicable Laws
The primary national laws prohibiting employment discrimination and harassment on the basis of any protected characteristic are:
Employers have an obligation, under the Employment Act, 2000, to take measures necessary to prevent workplace sexual harassment and bullying.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Bermuda.
- Race, place of origin, colour, ethnic or national origins
- Sex or sexual orientation
- Marital status
- Disability
- Family status
- Religion or beliefs or political opinions
- Criminal record
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Sexual Harassment
Sexual harassment is unwelcome, sexually suggestive conduct that a reasonable person would consider offensive, including but not limited to:
- the use of sexually suggestive words, comments, jokes, gestures or
actions that annoy, alarm or abuse a person - the initiation of uninvited physical contact with a person
- the initiation of unwelcome sexual advances or the requests of sexual
favours from a person - asking a person intrusive questions that are of a sexual nature
pertaining to that person’s private life - transmitting sexually offensive writing or material of any kind, and
- making sexually offensive telephone or internet calls or messages to a
person.
Bullying
Bullying is the habitual display of offensive behaviour intended to harm, intimidate, humiliate, undermine or coerce a person or group of employees and includes, but is not limited to, ostracising, ridiculing, shouting at, threatening, and verbally abusing a person or group of employees.
Filing a Claim in Bermuda
A claim for employment discrimination or harassment may be filed with the Human Rights Commission.
Employment discrimination and harassment claims may also be filed in court.
Potential Remedies
In Bermuda, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.
- Hiring
- Transfers
- Reassignments
- Promotions
- Reinstatement to a position
- Compensation for lost wages and benefits
- Damages for injury to dignity or feelings
- Cease and desist orders
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.