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Sexual orientation

Sexual orientation” is a personal characteristic that forms part of who you are. It covers the range of human sexuality from lesbian and gay, to bisexual and heterosexual. Sexual orientation is different from gender identity, which is protected under the ground of “sex.” The Code makes it against the law to discriminate against someone or to harass them because of their sexual orientation. 

This right to be free from discrimination and harassment applies to employment, services and facilities, accommodation and housing, contracts and membership in unions, trade or professional associations. Homophobic conduct and comment are prohibited as part of the Code’s protection against discrimination based on sexual orientation, no matter what the target’s sexual orientation is, or is perceived to be.

Relevant policy:

  1. Sexual harassment & sex discrimination at work

    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.

  2. Refusal to print stationery containing the words "gay and lesbian" ruled discriminatory

    March 20, 2000

    Toronto - On February 24, a Board of Inquiry ordered Imaging Excellence, a printing company, and its owner, Scott Brockie, to provide printing services to gays and lesbians and their organizations and awarded damages of $5000 in total payable to Ray Brillinger and the Canadian Lesbian and Gay Archives, a customer of Imaging Excellence. In its earlier decision released on September 29th, 1999, the Board determined that Imaging Excellence and Mr. Brockie discriminated against Mr. Brillinger when it refused to provide printing services to the Archives.

  3. Policy on HIV/AIDS-related discrimination

    November 1996 - This policy clarifies the scope of the Code's protection for persons who are or are perceived to be infected with HIV or who have contracted HIV-related illnesses. The guidelines contained in this policy are based on extensive consultations between the OHRC and a wide-ranging number of interest and advocacy groups, employer groups, services providers, and members of the medical community, including hospital administrators.
  4. Policy on discrimination and harassment because of sexual orientation

    January 2006 - This policy sets out the position of the OHRC with respect to sexual orientation at the time of publication, and replaces the OHRC’s earlier policy, approved in January 2000. The policy was developed based on extensive research and community consultations, and was updated in 2006 to reflect the significant legal and legislative changes that took place after the initial document was approved. This policy deals primarily with issues that could form the basis of a human rights claim of discrimination. The policy is therefore bounded by the provisions of the Code and Canada’s legal framework for analyzing discrimination. At the same time, the policy interprets the protections in the Code in a broad and purposive manner.
  5. Opening the door to fairer housing ads

    June 14, 2011

    Toronto – As part of its ongoing work with community partners in the area of human rights and housing, the Commission announced today that it has written to media and housing websites to ask them for help in addressing discriminatory housing advertisements. Barbara Hall, Chief Commissioner, commented that, “Over the years, we have heard many stories of discrimination in rental housing. That some people are still facing discrimination right at the very start of their search for housing is unacceptable.”

  6. Ontario Human Rights Commission v. Christian Horizons

    On May 14, 2010, Ontario’s Divisional Court issued a decision on a case called Ontario Human Rights Commission v. Christian Horizons. The Divisional Court’s ruling was on the appeal of a 2008 decision made by the Human Rights Tribunal of Ontario. In that decision, the Tribunal found that Christian Horizons infringed the rights of an employee who was in a same sex relationship.

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