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:
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.
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.
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.
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.
June 15, 2016 - Dear Minister Orazietti, Congratulations on your appointment as Minister of Community Safety and Correctional Services. The Ontario Human Rights Commission (OHRC) is looking forward to working closely with you, especially as you continue to review the use of segregation within provincial jails, as well as the treatment of immigration detainees held in provincial custody.
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.
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.
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 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.
