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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. 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.

  2. 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.

  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. 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.

  5. Policy on preventing discrimination because of pregnancy and breastfeeding

    October 2014 - This policy sets out the OHRC’s position on discrimination based on pregnancy and breastfeeding at the time of publication. It deals primarily with issues that fall within the jurisdiction of the Ontario Code, and which can form the subject matter of a human rights claim. At the same time, the policy interprets the protections of the Code in a broad and purposive way, consistent with the principle that the quasi-constitutional status of the Code requires that it be given a liberal interpretation that best ensures its anti-discriminatory goals are met.

  6. Human rights obligations related to pregnancy and breastfeeding: Case law review

    October 2014 - This case law review looks at important developments in the law dealing with discrimination based on pregnancy and breastfeeding between 2008 and January 2014.[1] The discussion of the law in Ontario is intended as a resource, to be read along with the Ontario Human Rights Commission’s Policy on Preventing Discrimination because of Pregnancy and Breastfeeding (the Policy)[2], about the rights of women[3] who are pregnant, planning to become pregnant, who have had a baby or who are breastfeeding. However, it is not legal advice.

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