Code of Professional Conduct

CHAPTER XX

NON-DISCRIMINATION

RULE

The lawyer shall not discriminate

in the professional employment of a lawyer, an articled student, or another person, or

in the provision of professional services to a person or class of persons, or

in professional dealings with a lawyer or another person,

because of

race, national, ethnic or social origin, language, colour, religion, religious creed, sex, sexual orientation, age, marital status, family status, physical or mental disability, political opinion, or conviction for which a pardon has been granted, or

a ground which may be adopted by Benchers by way of amendment to this Rule, or

contrary to

The Newfoundland Human Rights Code as amended from time to time.

This Rule does not apply to the extent that this Code or the law requires or permits differential treatment or where a good faith reason or a good faith occupational requirement exists for differential treatment.

Commentary

Duty of Non-Discrimination
1. The lawyer has a duty to respect the dignity and worth of all persons and to treat persons equally, without discrimination. This duty includes, but is not limited to:

(a) the requirement that the lawyer not deny services or provide inferior services on the basis of the grounds noted in the Rule;
(b) the requirement that the lawyer not discriminate against another lawyer in any professional dealings;
(c) the requirement that the lawyer not engage in discriminatory professional employment practises; and
(d) the requirement that the lawyer take reasonable steps to prohibit persons subject to the lawyers professional direction and control from engaging in discriminatory practices.

Extent of Duty of Non-Discrimination
2. As a member of the legal profession, the lawyer must ensure that he or she is at all times acting in compliance with the law. The law applicable in this context is human rights legislation. According to the law, discrimination can be constituted by action or omission.

Special Programs
3. Discrimination does not include special programs designed to relieve disadvantage for individuals or groups on the grounds noted in the Rule.

Responsibility
4. Discriminatory attitudes on the part of partners, employees, agents or clients do not diminish the responsibility of the lawyer to refrain from discrimination in the provisions of service or employment.

Discrimination in Employment
5. The Rule applies to discrimination by the lawyer in any aspect of employment and working conditions, including recruitment, promotion, training, allocation of work, compensation, receipt of benefits, dismissal, lay-offs, discipline, performance appraisal and hours of work.

Sexual Harassment and Harassment
6. Sexual harassment and harassment are forms of discrimination. The lawyer should refrain from engaging in vexatious comment or conduct that is known or reasonably ought to be known to constitute sexual harassment or harassment in all areas of professional conduct.

(a) Sexual harassment includes the use of a position of power to import sexual requirements into the workplace thereby negatively altering the working conditions of employees;
(b) Harassment includes all conduct which has the effect of eroding the dignity and equality of opportunity of the victim, particularly based on the grounds noted in the Rule.

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