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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. Commission appeals advance human rights law

    June 13, 2006

    Toronto - Over the past ten years, the Commission has been involved in 72 judicial review decisions, 32 decisions on appeal at the Divisional Court, 40 decisions from the Court of Appeal, and 17 from the Supreme Court of Canada. As of March 31, 2006, the Commission was litigating 462 cases at the Tribunal, eight cases before the Divisional Court, three in the Ontario Court of Appeal, and two before the Supreme Court of Canada.

  2. Commission appeals advance human rights law (fact sheet)

    June 2006 - Over the past ten years, the Commission has been involved in 72 judicial review decisions, 32 decisions on appeal at the Divisional Court, 40 decisions from the Court of Appeal, and 17 from the Supreme Court of Canada. As of March 31, 2006, the Commission was litigating 462 cases at the Tribunal, eight cases before the Divisional Court, three in the Ontario Court of Appeal, and two before the Supreme Court of Canada.

  3. Commission launches report calling for collective housing strategy

    July 8, 2008

    Toronto - Chief Commissioner Barbara Hall and the Ontario Human Rights Commission today launched “Right at home: Report on the consultation on human rights and rental housing in Ontario.” This report, which follows a year of public sessions, meetings and submissions involving hundreds of individuals and organizations across the province, focuses on housing as a human right, and sets out a framework for collective action to identify, remove and prevent discrimination in rental housing.

  4. Commission releases revised policies

    December 22, 2000

    Toronto - The Ontario Human Rights Commission today released two revised policies. The Commission's Policy on Drug and Alcohol Testing has been updated to reflect the Ontario Court of Appeal's recent decision in Entrop v. Imperial Oil Ltd., a human rights complaint involving the introduction of a workplace policy requiring employees in safety-sensitive positions to disclose a past or current substance abuse problem. In this case, although the problem had occurred eight years earlier and there had been no further incident of substance abuse, the employee was immediately reassigned to another position. The employee subsequently filed a human rights complaint alleging discrimination because of a handicap.

  5. Consultation report: Human rights issues in insurance

    October 2001 - In October 1999, the Ontario Human Rights Commission released a Discussion Paper for public consultation entitled Human Rights Issues in Insurance. This Consultation Report summarizes comments and viewpoints that were communicated to the Commission. The Report also examines possible directions to ensure human rights issues in insurance continue to receive attention in the future. A summary of relevant Code sections and selected case law is included in the appendices.
  6. Discussion paper: Human rights issues in insurance

    October 1999 - The objective of the Paper is twofold: to promote dialogue on protecting human rights in the insurance industry and to examine alternatives to current practices by obtaining input from experts, regulators and consumers. Access to insurance in our society raises significant issues about distributive justice and fairness in the public sphere, issues that have received scant attention in Canada and in Ontario where rate setting has traditionally been viewed as a private matter.
  7. Dress Code checklist for employers

    From: OHRC policy position on sexualized and gender-specific dress codes

    Removing barriers based on sex and gender

    This checklist can help organizations make sure that their dress codes and uniform policies are consistent with Ontario’s Human Rights Code protections relating to sex and gender, as set out in the OHRC’s Policy position on sexualized and gender-specific dress codes.

    Dress codes/uniform policies should:

  8. Employers get expert help on human rights in the workplace

    November 5, 2008

    Toronto – The new edition of a human rights handbook will help employers put human rights into action. The Ontario Human Rights Commission today released the newly-updated third edition of Human Rights at Work. This plain-language guide includes examples, best practices, sample forms and other resources to help people develop and maintain inclusive, respectful workplaces that meet the standards of the Ontario Human Rights Code.

  9. End segregation, says Ontario Human Rights Commission

    March 7, 2016

    by Renu Mandhane

    In 2007, Ashley Smith died in federal custody in Kitchener, Ont., after spending extended periods of time in segregation (or solitary confinement). In 2010, Edward Snowshoe died by suicide while in custody in Edmonton, Alta., after spending 162 days in segregation. These cases have become emblematic of the incredible problems with the continued use of segregation in prisons.

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