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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. Re: Implementing recommendations of the UN Committee on the Convention on the Elimination of all Forms of Discrimination Against Women

    February 3, 2017 - Dear Minister Naidoo-Harris: I am writing to you in keeping with the Ontario Human Rights Commission’s mandate to promote and protect human rights in Ontario. First, let me congratulate you on your recent appointment as the new Minister of Women’s Issues for Ontario.

  2. Re: Sexualized and gender-specific dress codes in restaurants

    July 8, 2016 - In pursuit of our public interest mandate, section 31 of the Code authorizes the OHRC to request production of documents and gather other information as part of an inquiry. Pursuant to section 31, we are writing to request that you review employee dress codes in your Ontario operations, remove any discriminatory requirements, and provide documentation showing that you have done this.

  3. Implementation of Human Rights Settlement: OHRC letter to the Ottawa Police Services Board

    May 16, 2017 - Dear Councillor El-Chantiry, Today the Ottawa Police Services Board is receiving the results of Phase III of the Ottawa Police Services Gender Project.  As you know, the project arises out of a settlement reached with the Ontario Human Rights Commission (Commission) in a human rights case filed by a female Ottawa Police Services (OPS) officer. 

  4. Strengthening Bill 3 (“Pay Transparency Act”) to protect human rights

    April 18, 2018 - The Ontario Human Rights Commission (OHRC) welcomes the opportunity to provide comments on Bill 3, An Act respecting transparency of pay in employment (the Bill). The OHRC is encouraged by the Bill’s potential to narrow the persistent gender pay gap and other employment discrimination. To be most effective, the draft legislation requires amendments as outlined below.

  5. Human Rights system changes take effect

    June 30, 2008

    Toronto - The Human Rights Code Amendment Act, 2006, S.O. 2006, c. 30 is now in effect. As a result, the Ontario Human Rights Commission will no longer accept complaints of discrimination. All new applications alleging discrimination are to be filed with the Human Rights Tribunal of Ontario (HRTO). Complaints that were filed with the Commission before June 30, 2008 can be changed to applications to the HRTO if the Complainant takes an active step to do so.

  6. 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.

  7. 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.

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