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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. 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.

  3. Updated Policy on preventing discrimination because of pregnancy and breastfeeding

    October 28, 2014

    Toronto – The Ontario Human Rights Commission (OHRC) released an updated version of its Policy on preventing discrimination because of pregnancy and breastfeeding in an eLaunch today.

    An hour-long webinar – available at www.ohrc.on.ca – provides an overview of the policy, offers a Q&A opportunity, and features several speakers.

  4. Position Statement – Discrimination on the basis of sex in recruitment for the Seasonal Agricultural Workers Program

    December 10, 2014

    It has come to the Ontario Human Rights Commission’s attention that employers in Ontario are hiring almost exclusively men to work on their farms as part of the Seasonal Agricultural Worker Program (SAWP). Research shows us that each year, less than 4% of the workers that come to Ontario through the SAWP are women.

  5. Message from Ruth Goba – Statement on International Women’s Day

    March 6, 2015

    Forty years ago, the United Nations declared March 8 as International Women’s Day. It is a day to celebrate women and their achievements, reflect on the progress towards equality, and promote an Ontario and world where there is true gender equality.

    While we join the world in observing this day and honouring our mothers, wives, sisters, daughters, allies and friends, we know that we still have work to do at the Ontario Human Rights Commission.

    Our work is not done when one in two Canadian women report having experienced some form of violence in their lifetime.

  6. Sexual Harassment Awareness Week June 1 – 7, 2015

    June 1, 2015

    The Ontario Human Rights Commission (OHRC) is pleased to mark Sexual Harassment Awareness Week. Sexual harassment continues to be a critical issue across Ontario society. Recent news coverage of incidents affecting female reporters while on the job highlights the pervasiveness of the problem for women at work. The OHRC has long recognized the serious impact of sexual harassment on its victims, and on an organization’s morale and overall productivity.

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