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Find a Lawyer » Canada Legal Guides » New Brunswick Legal Guides » Work & Employment Rights New Brunswick » Workplace Discrimination & Human Rights New Brunswick

Workplace Discrimination & Human Rights New Brunswick

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Welcome to the New Brunswick Workplace Discrimination & Human Rights guide centre. Here you will find comprehensive resources covering everything from unfair treatment at work to filing a formal human rights complaint, based on current provincial regulations.

Overview of Workplace Discrimination & Human Rights in New Brunswick

Every employee deserves a safe, respectful, and fair environment. In New Brunswick, the provincial Human Rights Act strictly prohibits discrimination and harassment in the workplace based on protected grounds like race, gender, age, religion, or disability. This means employers have a legal duty to treat staff equally and provide reasonable accommodations when needed.

Facing discrimination or harassment on the job can be emotionally devastating and deeply impact your career. Whether it involves a poisoned work environment, unequal pay for the same work, or being unfairly passed over for a promotion, understanding your human rights is the first step toward reclaiming your dignity and holding your employer accountable.

Common Legal Issues We Cover

Local Legal Context & Courts in New Brunswick

In New Brunswick, human rights complaints in the workplace are primarily investigated and mediated by the New Brunswick Human Rights Commission. The Commission evaluates complaints to determine if the Human Rights Act has been violated and often helps parties reach a settlement through formal mediation before moving to an administrative hearing.

If the workplace dispute involves a broader civil claim, such as a severe wrongful dismissal alongside human rights violations, the matter might be brought before the Court of King’s Bench of New Brunswick. Navigating these different legal venues requires understanding specific filing deadlines, evidentiary rules, and whether your claim belongs with the Commission or the higher court.

Professional Legal Help & Local Agencies

Filing a human rights complaint or taking legal action against an employer is a complex and highly stressful process. We strongly advise against trying to build your own legal case or confronting a well-funded corporate legal team without professional guidance. Attempting to represent yourself can lead to missed deadlines or poorly articulated claims, which might cause your valid case to be dismissed.

Retaining a qualified employment and human rights lawyer ensures that your narrative is heard, your evidence is properly organized, and your rights are fiercely protected. A legal professional can help you negotiate settlements or represent you before the Commission. You can find a list of relevant local lawyers and government agencies at the top of this page.

Frequently Asked Questions (FAQ)

What are the protected grounds under the New Brunswick Human Rights Act?

The Act protects employees from discrimination based on specific personal characteristics. These protected grounds include race, colour, religion, national origin, ancestry, place of origin, age, physical or mental disability, marital status, sexual orientation, and gender identity or expression.

How long do I have to file a human rights complaint in New Brunswick?

You must act promptly. Generally, a formal complaint must be filed with the New Brunswick Human Rights Commission within one year from the date the discriminatory action or harassment occurred. If there was a series of incidents, the deadline is usually one year from the date of the last incident.

Can my employer fire me for filing a discrimination complaint?

No, it is strictly illegal for an employer to punish, demote, or fire you for exercising your human rights. This is known as reprisal or retaliation. If your employer takes negative action against you for filing a complaint or participating in an investigation, that is considered a separate, severe violation of the Human Rights Act.

What does the duty to accommodate mean?

The duty to accommodate requires employers to make reasonable adjustments to the workplace or job duties so that employees with protected characteristics, such as a disability or specific religious practices, can perform their work. Employers must provide this accommodation up to the point of undue hardship for the business.

Do I need to be fired to make a human rights claim?

Not at all. Discrimination can occur at any stage of the employment relationship, including during the interview or hiring process, while you are actively working, or during a promotion cycle. You can file a claim for ongoing harassment or unfair treatment while still employed at the company.

What remedies can the Commission order if I win my case?

If the Commission or a tribunal finds that your rights were violated, they can order the employer to provide various remedies. This can include compensating you for lost wages, paying general damages for injury to your dignity and feelings, giving you your job back, or forcing the company to implement mandatory human rights training.