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:
From: Frequently asked questions
It is discrimination if you fire, demote or lay off an employee because she is or may become pregnant or she is away on maternity leave or disability leave related to pregnancy. Employers have a duty to accommodate a pregnant woman unless it would cause undue hardship. This may include changing her job duties temporarily or providing time off work.
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.
From: Guide to your rights and responsibilities under the Human Rights Code
The Code protects a woman because she is or was pregnant, may become pregnant, has just had a baby or other pregnancy-related situations. “Pregnancy” therefore includes the process of pregnancy from conception up to the period following childbirth and includes the post-delivery period and breastfeeding.
Watch personal stories about people facing discrimination because of their sex, including topics like sexism in the workplace and sexual harassment.
1999 - FGM is prohibited in Canada. If you have been subjected to FGM or you come from an area or country where FGM is practised, you have the right to be free from discrimination and unfair treatment by your employer, your colleagues and your teachers.
June 2006 - 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.
From: Minds that matter: Report on the consultation on human rights, mental health and addictions
There is a close connection between mental health disabilities, addictions and gendered violence. Women who are survivors of violence, trauma and abuse often face substance use and mental health issues.[61] Several women reported gender-based violence related to having a mental health history. Some said they were sexually harassed or assaulted by patients or staff while hospitalized for a psychiatric disability.
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.
From: Guide to your rights and responsibilities under the Human Rights Code
Recreational clubs such as sports clubs may give different services or charge different fees to persons based on sex, marital status, or family status. For example, special family rates in a community centre or women-only sections of a gym are permitted forms of discrimination.
