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:
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2001 - This paper is one of several initiatives by the Ontario Human Rights Commission to explore ways in which human rights commissions can become more involved in protecting and promoting economic and social rights and in implementing international treaties to which Canada is a party. The challenge for human rights commissions is to find ways to maximize the potential of their mandates to promote international standards, including those contained in the International Covenant on Economic, Social and Cultural Rights.
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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. -
Policy on preventing sexual and gender-based harassment - Summary (fact sheet)
In the Ontario Human Rights Code (the Code), sexual harassment is “engaging in a course of vexatious comment or conduct that is known or ought to be known to be unwelcome.” In some cases, one incident could be serious enough to be sexual harassment. Gender-based harassment is one type of sexual harassment.
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Sexual harassment and your education (fact sheet)
As a student, you have the right to an education where you are not sexually harassed. This includes primary, secondary and post-secondary education, and school activities such as sports, arts and cultural activities, field trips and tutoring.
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Sexual harassment in housing (fact sheet)
The Ontario Human Rights Code says everyone has the right to be free from sexual harassment by their landlord, someone working for their landlord, or someone who lives in the same building. Because landlords are in a position of authority, and have access to apartments and often hold personal information, tenants can feel very threatened when they are sexually harassed. This may be especially true for low-income, racialized, gay and lesbian people, people with disabilities and other people identified by the Code who are sometimes targeted for sexual harassment.
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Sexual harassment in education (brochure)
2011 - The Ontario Human Rights Code prohibits sexual harassment in education. “Education” includes primary, secondary and post-secondary education, and school activities such as sports, arts and cultural activities, school functions, field trips and tutoring. Sexual harassment may also occur as part of school rituals, such as when initiating new students, new players in team sports, or new members of sororities and fraternities. More and more, students are being sexually harassed online. Technology, such as e-mail, blogs, social networking sites, chat rooms, dating websites, text messaging features, etc., provides new frontiers for the sexual harassment.
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Sexual harassment in employment (fact sheet)
The Code says every person has the right to be free from unwelcome advances or solicitation in employment. “Employment” includes applying and interviewing for a job, volunteer work, internships, etc. It also includes activities or events that happen outside of normal business hours or off business premises, but are linked to the workplace and employment.
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Saying STOP to sexual and gender-based harassment
From: Annual Report 2010-2011: Looking back, moving forward
A high school student gets a failing grade on her essay because she refused her teacher’s sexual advances. A factory worker repeatedly turns down her foreman’s requests for a date, and suddenly sees her work hours reduced. A single mother gets evicted because she won’t have sex with her landlord.
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OHRC Insurance consultation cover letter
October 14, 1999 - Insurance practices routinely make distinctions based on, among other things, gender, age, marital status and disability. While many of these distinctions are based on valid business practices, others raise questions and concerns. These concerns relate to the existence of non-discriminatory alternatives to current practices and about respect for human rights.
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Sexual and gender-based harassment: know your rights (brochure)
2011 - Sexual and gender-based harassment are kinds of discrimination. They can hurt a person’s dignity, make them feel unsafe and stop them from reaching their full potential. Sexually harassing or bullying someone because of their sex, gender or sexual orientation is not acceptable. It is against the law.