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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. Breastfeeding is a Human Right - New campaign launched

    October 2, 2000

    Toronto - The Commission today launched a province-wide campaign in partnership with the Infant Feeding Action Coalition (INFACT) Canada and Toronto Public Health to mark World Breastfeeding Week activities.The campaign features a transit ad, which will run on municipal transit vehicles across the province and a platform poster which will appear in high traffic subway stations in Toronto. These advertisements are designed to help eliminate discriminatory practices against mothers and children, and to support the Commission's mandate to increase awareness of human rights and protections for women under the Code.

  2. Commission releases revised policies

    December 22, 2000

    Toronto - The Ontario Human Rights Commission today released two revised policies. The Commission's Policy on Drug and Alcohol Testing has been updated to reflect the Ontario Court of Appeal's recent decision in Entrop v. Imperial Oil Ltd., a human rights complaint involving the introduction of a workplace policy requiring employees in safety-sensitive positions to disclose a past or current substance abuse problem. In this case, although the problem had occurred eight years earlier and there had been no further incident of substance abuse, the employee was immediately reassigned to another position. The employee subsequently filed a human rights complaint alleging discrimination because of a handicap.

  3. 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.

  4. Policy on preventing sexual and gender-based harassment

    May 2013 - Sexual harassment is a form of discrimination based on sex. The Ontario Human Rights Code (the Code) prohibits all forms of discrimination based on sex, and includes provisions that focus on sexual harassment. The principles set out in this policy will, depending on the circumstances, apply to instances of sexual harassment in any of the social areas covered by the Code. However, to reflect the most important recent developments in the law and in social science research, this policy will focus on the areas of employment, housing and education.

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