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:
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.
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.
2012 - The Ontario Human Rights Code (the Code) is a law that provides for equal rights and opportunities and recognizes the dignity and worth of every person in Ontario. The Code makes it against the law to discriminate against someone or to harass them because of sex, including pregnancy and breastfeeding.
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.
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.
November 19 and 20, 2015 - Speaking Notes: Chief Commissioner Renu Mandhane (check against delivery). "Thank you for inviting me here to add a human rights lens to the issues of sexual harassment and sexual violence. This is an issue very close to my heart."
March 8, 2016 - Some Ontario employers require female employees to dress in a sexualized or gender-specific way at work, such as expecting women to wear high heels, short skirts, tight clothing or low-cut tops. These kinds of dress codes reinforce stereotypical and sexist notions about how women should look and may violate Ontario’s Human Rights Code.
