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Sex

The Code does not specifically define the ground of “sex,” but the OHRC considers it to be related to a person’s biological sex, male or female. Men and women receive equal protection under this ground. The ground of “sex” also includes a broader notion of “gender,” which can be described as the social characteristics attributed to each sex.

The Code protects men and women from harassment and discrimination, including assumptions about their abilities that result from stereotypes about how men and women ”should” behave, dress or interact. The right to equal treatment without discrimination because of sex also applies to pregnancy.

Relevant policies: 

  1. 9.3. Intersections with sex

    From: Minds that matter: Report on the consultation on human rights, mental health and addictions

    There is a close connection between mental health disabilities, addictions and gendered violence. Women who are survivors of violence, trauma and abuse often face substance use and mental health issues.[61] Several women reported gender-based violence related to having a mental health history. Some said they were sexually harassed or assaulted by patients or staff while hospitalized for a psychiatric disability.

  2. Breastfeeding is a Human Right - New campaign launched

    October 2, 2000

    Toronto - The Commission today launched a province-wide campaign in partnership with the Infant Feeding Action Coalition (INFACT) Canada and Toronto Public Health to mark World Breastfeeding Week activities.The campaign features a transit ad, which will run on municipal transit vehicles across the province and a platform poster which will appear in high traffic subway stations in Toronto. These advertisements are designed to help eliminate discriminatory practices against mothers and children, and to support the Commission's mandate to increase awareness of human rights and protections for women under the Code.

  3. Campaign promotes "Housing as a human right"

    March 1, 2010

    Toronto - The Ontario Human Rights Commission, the City of Toronto, the Federation of Rental-Housing Providers of Ontario, the Greater Toronto Apartment Association and the Human Rights Legal Support Centre have joined forces to promote housing as a human right. The partners are encouraging Toronto tenants and landlords to learn more about these rights by today launching a poster that will appear in 120 transit shelters across Toronto during the month of March.

  4. Can I fire a woman whose pregnancy is preventing her from doing the job she was hired to do?

    From: Frequently asked questions

    It is discrimination if you fire, demote or lay off an employee because she is or may become pregnant or she is away on maternity leave or disability leave related to pregnancy. Employers have a duty to accommodate a pregnant woman unless it would cause undue hardship. This may include changing her job duties temporarily or providing time off work.

  5. Celebrating International Women's Day – Ontario Human Rights Commission releases new Policy on preventing sexual and gender-based harassment

    March 8, 2011

    Toronto – A new policy on preventing sexual and gender-based harassment was launched today by the Ontario Human Rights Commission (OHRC) in partnership with the Ryerson Students’ Union, Ryerson University and the CAW-Sam Gindin Chair in Social Justice and Democracy, Ryerson University.

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