April 2014 - People who are transgender, or gender non-conforming, come from all walks of life. Yet they are one of the most disadvantaged groups in society. Trans people routinely experience discrimination, harassment and even violence because their gender identity or gender expression is different from their birth-assigned sex. Under the Ontario Human Rights Code (the Code) people are protected from discrimination and harassment because of gender identity and gender expression in employment, housing, facilities and services, contracts, and membership in unions, trade or professional associations.
July 25, 2012 - We are pleased to note that a key objective of the consultation is to develop revised criteria that are in accordance with the Human Rights Tribunal of Ontario’s decision dated April 11, 2012 in XY v. Ontario (Government and Consumer Services). We trust that this submission is of assistance in your development of revised criteria. We address the questions set out in your Consultation Document, and make additional observations.
Introduction to human rights and responsibilities under the Ontario Human Rights Code (revised 2014).
The Ontario Human Rights Code (the Code) recognizes the dignity and worth of every person in Ontario. The Code provides for equal rights and opportunities, and freedom from discrimination. It applies to the areas of employment, housing, facilities and services (including education, health care, etc.), contracts, and membership in unions, trade or professional associations. It covers specific grounds, such as disability, creed, family status, sex, and gender identity.
Under the Code, employers and unions, housing and service providers have a legal duty to accommodate the needs of people because of their gender identity or gender expression, unless it would cause undue hardship. The goal of accommodation is to help everyone have equal opportunities, access and benefits. Failure to accommodate may lead to a finding of discrimination under the Code.
December 2013 - The purpose of this guide is to provide organizations with some practical help for developing effective and fair ways to prevent human rights infringements, and for responding to human rights issues such as harassment, discrimination and accommodation needs. Employers, landlords and service providers all have an obligation to make sure that human rights are respected, and can all benefit from the information provided in this publication.
A. Description and Rationale
Just as students were headed back to school, a vigorous debate was unfolding on the pages of this paper (and others) about the accommodation of students with mental health disabilities. Unfortunately, this debate has been dominated by professors and columnists whose expertise lies outside human rights law and whose opinions do not adequately take into account the lived experience of discrimination.
Advertisements for jobs should not refer, directly or indirectly, to prohibited grounds of discrimination. For example, an ad that says “We prefer hiring younger people” is not allowed.
A. Description and rationale
Under the Code, organizations are required to prevent and remove barriers and provide accommodation to the point of undue hardship. The principle of accommodation arises most frequently in the context of creed, family status, sex (pregnancy) and disability, as well as age, gender identity and gender expression.