Tuesday, July 7, 2015 - The Ontario Human Rights Commission (OHRC) and the Human Resources Professionals Association (HRPA) invite you to a free webinar on preventing sexual harassment at work for human resources professionals, employers, unions, professional associations and employees.
The methodology for this discussion paper included:
- consultation with members and representatives of the transgendered community,
- review of jurisprudence and legislation in Canada and in other jurisdictions,
- literature review, and
- review of other human rights commission policies.
Although the reviews of literature and case law were not exhaustive, the intention was to identify significant trends and developments related to the issue of gender identity.
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.
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).
Discrimination may be unique or distinct when it occurs based on two or more Code grounds. Such discrimination can be said to be “intersectional.” The concept of intersectional discrimination recognizes that people’s lives involve multiple interrelated identities, and that marginalization and exclusion based on Code grounds may exist because of how these identities intersect.
Trans people and other gender non-conforming individuals are often judged by their physical appearance for not fitting and conforming to stereotypical norms about what it means to be a “man” or “woman.” They experience stigmatization, prejudice, bias and fear on a daily basis. While some may see trans people as inferior, others may lack awareness and understanding about what it means to be trans.
Multiple grounds in equality and human rights jurisprudence
Some courts and tribunals have started to acknowledge the need to make special provision for discrimination based on multiple grounds and to recognize the social, economic and historical context in which it takes place. However, despite these advancements, the courts’ understanding of a proper intersectional approach is still in its infancy. What follows is a discussion of recent cases in which a move towards a multiple grounds or intersectional analysis is evidenced in either a majority or dissenting opinion.
9.1 The Ontario Human Rights Code
Sections 1, 2, 3, 5, 6 and 9 of the Code set out the basic right to equal treatment without discrimination because of sex in services, goods and facilities, housing, contracts, employment and vocational associations.
Sections 7(1) and (2) set out a person's right to be free from harassment based on sex and inappropriate gender-related comment and conduct in housing and employment.
Section 7(1) states:
As part of It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment, the Government of Ontario is hosting its 2015 Summit on Sexual Violence and Harassment in Toronto from November 19 – 20.