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  1. The move towards an intersectional approach

    From: An intersectional approach to discrimination: Addressing multiple grounds in human rights claims

    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.

  2. 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.

  3. Submission of the OHRC to the MGCS regarding name and sex designation change information

    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.

  4. Appendix B: Policy position

    From: Not on the menu: OHRC inquiry report on sexualized and gender-based dress codes in restaurants

    OHRC policy position on sexualized and gender-specific dress codes

    Some Ontario employers require female employees to dress in a sexualized or gender-specific way at work, such as expecting women to wear high heels, short skirts, tight clothing or low-cut tops. These kinds of dress codes reinforce stereotypical and sexist notions about how women should look and may violate Ontario’s Human Rights Code.

  5. Appendix 2

    From: Discussion paper: Toward a commission policy on gender identity

    Glossary of Gender

    This glossary was compiled by Transgender Nation (San Francisco, California). The organization is a diverse group of transgendered and non-transgendered people united “in anger” and resolved to directly empower all transgendered people by direct political action.

    assigned gender at birth - the gender one is considered to be at birth, due to the presence of whatever external sex organs. Once this determination is made, it becomes a label used for raising the child in either one gender image or the other.

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