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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. 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.

  3. 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.

  4. 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.

  5. 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.

  6. Human rights settlement aims to increase gender diversity in Ottawa Police Service

    December 2, 2015

    Toronto - A settlement has been reached with the Ottawa Police in a case that alleged a female police officer was denied training, job placement and promotion opportunities because of her family status, sex and maternity leaves. The Ontario Human Rights Commission (OHRC) intervened at the Human Rights Tribunal of Ontario to address systemic barriers to promotion and advancement that women can face. 

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