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  1. 3. Gender identity and gender expression

    From: Policy on preventing discrimination because of gender identity and gender expression

    The Code does not define the grounds of gender identity, gender expression or sex. Instead, the understanding of these and other related terms, and the implications for the Code and OHRC policies, is evolving from tribunal and court decisions, social science research as well as self identity and common everyday use.

    Sex is the anatomical classification of people as male, female or intersex, usually assigned at birth.

  2. 4. Bias and prejudice

    From: Policy on preventing discrimination because of gender identity and gender expression

    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.

  3. 5. Emerging human rights protections

    From: Policy on preventing discrimination because of gender identity and gender expression

    5.1 Ontario

    In 1999, the OHRC took the position that the ground of sex under human rights law could be interpreted to include the right of transgender people to be free from discrimination and harassment.

    In 2000, the OHRC released its ground breaking Policy on discrimination and harassment because of gender identity (the original version of this policy). The OHRC and others successfully litigated that policy over the years, with tribunals and courts recognizing more and more the human rights of trans people.

  4. 7. Forms of discrimination

    From: Policy on preventing discrimination because of gender identity and gender expression

    7.1 Direct, indirect and subtle discrimination

    Discrimination may take many different forms. It may happen in a direct way. It can happen when individuals or organizations exclude trans people from housing, employment or services, withhold benefits that are available to others, or impose extra burdens that are not imposed on others, without a legitimate reason.

    Discrimination may also happen indirectly. It may be carried out through another person or organization.

  5. 8. The duty to accommodate

    From: Policy on preventing discrimination because of gender identity and gender expression

    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.

  6. 10. Other limits on the duty to accommodate

    From: Policy on preventing discrimination because of gender identity and gender expression

    10.1 Failing to participate in the accommodation process

    Everyone involved in the accommodation process has a duty to cooperate to the best of their ability. In some cases, an organization may have met its procedural and substantive duty to accommodate where the person requesting accommodation did not sufficiently take part in the process, refused or otherwise could not take part at all. While a person may ask for a certain type of accommodation, both sides should be willing to explore options that appropriately meet the person’s needs.

  7. 12. Corporate liability

    From: Policy on preventing discrimination because of gender identity and gender expression

    Organizations have a legal duty and ultimate responsibility to maintain an environment free from discrimination and harassment because of gender identity and expression. They must take steps to prevent and respond to violations of the Code or they may be held “liable” and face monetary penalties or other orders from a tribunal or court.

    It is unacceptable to choose to remain unaware, ignore or fail to address potential or actual human rights violations, whether or not a complaint is made.[101]

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