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1. Policy on preventing sexual and gender-based harassment

   May 2013 - Sexual harassment is a form of discrimination based on sex. The Ontario Human Rights Code (the Code) prohibits all forms of discrimination based on sex, and includes provisions that focus on sexual harassment. The principles set out in this policy will, depending on the circumstances, apply to instances of sexual harassment in any of the social areas covered by the Code. However, to reflect the most important recent developments in the law and in social science research, this policy will focus on the areas of employment, housing and education.

2. Policy on preventing sexual and gender-based harassment - Summary (fact sheet)

   In the Ontario Human Rights Code (the Code), sexual harassment is “engaging in a course of vexatious comment or conduct that is known or ought to be known to be unwelcome.” In some cases, one incident could be serious enough to be sexual harassment. Gender-based harassment is one type of sexual harassment.

3. Sexual harassment in education (brochure)

   2011 - The Ontario Human Rights Code prohibits sexual harassment in education. “Education” includes primary, secondary and post-secondary education, and school activities such as sports, arts and cultural activities, school functions, field trips and tutoring. Sexual harassment may also occur as part of school rituals, such as when initiating new students, new players in team sports, or new members of sororities and fraternities. More and more, students are being sexually harassed online. Technology, such as e-mail, blogs, social networking sites, chat rooms, dating websites, text messaging features, etc., provides new frontiers for the sexual harassment.

4. Sexual Harassment and the Ontario Human Rights Code

   Recent events have triggered a nationwide discussion about the continued occurrence of sexual harassment and violence against women throughout Canadian society. Sexual harassment is against the law. The Ontario Human Rights Code Code prohibits sexual harassment in employment (and in services, housing, and other “social areas”).

5. 5. Sexual harassment in education

   From: Policy on preventing sexual and gender-based harassment

   Education, in its broadest sense, is a “service” under the Code.^[127] Section 1 of the Code guarantees the right to equal treatment in services, without discrimination on the basis of sex. Sexual harassment, as a form of sex discrimination, is therefore prohibited in education settings.^[128]

6. 2. Identifying sexual harassment

   From: Policy on preventing sexual and gender-based harassment

   2.1 Defining sexual harassment

   Section 10 of the Code defines harassment as “engaging in a course of vexatious^[8] comment or conduct that is known or ought to be known to be unwelcome.” Using this definition, more than one event must take place for there to be a violation of the Code.^[9] However, depending on the circumstances, one incident could be significant or substantial enough to be sexual harassment.

7. 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.

8. Sexual harassment in housing (fact sheet)

   The Ontario Human Rights Code says everyone has the right to be free from sexual harassment by their landlord, someone working for their landlord, or someone who lives in the same building. Because landlords are in a position of authority, and have access to apartments and often hold personal information, tenants can feel very threatened when they are sexually harassed. This may be especially true for low-income, racialized, gay and lesbian people, people with disabilities and other people identified by the Code who are sometimes targeted for sexual harassment.

9. Sexual harassment in employment (fact sheet)

   The Code says every person has the right to be free from unwelcome advances or solicitation in employment. “Employment” includes applying and interviewing for a job, volunteer work, internships, etc. It also includes activities or events that happen outside of normal business hours or off business premises, but are linked to the workplace and employment.

10. Sexual Harassment Awareness Week June 1 – 7, 2015

    The Ontario Human Rights Commission (OHRC) is pleased to mark Sexual Harassment Awareness Week. Sexual harassment continues to be a critical issue across Ontario society. Recent news coverage of incidents affecting female reporters while on the job highlights the pervasiveness of the problem for women at work. The OHRC has long recognized the serious impact of sexual harassment on its victims, and on an organization’s morale and overall productivity.

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