What do I do if I’m being sexually harassed?
If you think you are being sexually harassed, start keeping a written record of events...
Under the Ontario Human Rights Code, discrimination and harassment because of gender identity or gender expression is against the law. Everyone should be able to have the same opportunities and benefits, and be treated with equal dignity and respect including transgender, transsexual and intersex persons, cross-dressers, and other people whose gender identity or expression is, or is seen to be, different from their birth sex.
In 2012 “gender identity” and “gender expression” were added as grounds of discrimination in the Ontario Human Rights Code. To fully address the new Code grounds, as well as the significant legal decisions, policy changes and other developments since its first policy, the OHRC released a new Policy on preventing discrimination based on gender identity and gender expression in April 2014.
To learn more about the OHRC’s work on gender identity and expression, and the public consultation it undertook to develop the new policy, see Talking about gender identity and gender expression.
Relevant Policies:
If you think you are being sexually harassed, start keeping a written record of events...
In July 2015, the OHRC intervened in a Human Rights Tribunal of Ontario Application concerning the treatment of trans persons in custody.
May 23, 2016 - The OHRC believes that MGCS’ current system for storing and sharing information relating to name and sex designation changes discriminates against trans people in violation of Ontario’s Human Rights Code, insofar as it fails to protect privacy and confidentiality relating to transgender status and transition history. Disclosing information of such a sensitive nature not only harms dignity, but also can expose people to significant barriers, disadvantage, and even health and safety risks.
From: Annual report 2013-2014: OHRC Today
The OHRC launched an important new policy in Spring 2014, the Policy on preventing discrimination because of gender identity and gender expression. This policy followed the 2012 amendment to the Human Rights Code to add the grounds of gender identity and gender expression. This change provides protection for one of the most vulnerable and marginalized communities in society.
The Ontario Human Rights Code says everyone has the right to be free from sexual harassment by their landlord, someone working for their landlord, or someone who lives in the same building. Because landlords are in a position of authority, and have access to apartments and often hold personal information, tenants can feel very threatened when they are sexually harassed. This may be especially true for low-income, racialized, gay and lesbian people, people with disabilities and other people identified by the Code who are sometimes targeted for sexual harassment.
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.
As a student, you have the right to an education where you are not sexually harassed. This includes primary, secondary and post-secondary education, and school activities such as sports, arts and cultural activities, field trips and tutoring.
From: OHRC policy position on sexualized and gender-specific dress codes
March 8, 2016 - The OHRC recognizes the severe impacts of sexual harassment on working women and trans people. It can reduce employees’ morale, decrease productivity and contribute to physical and emotional effects such as anxiety, depression and posttraumatic stress disorder. The United Nations’ Declaration of the Elimination of Violence Against Women specifically recognizes that sexual harassment is a form of violence against women.
From: Guide to your rights and responsibilities under the Human Rights Code
This section allows separate washrooms, examination areas, change rooms and other services that are men-only or women-only. Trans people should be provided access to facilities that are consistent with their lived gender identity.[34]
[34] For more information, see the OHRC’s Policy on discrimination and harassment because of gender identity (2000).