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13.1 Organizational reviews, policies and education Corporate liability involves more than individual instances of discrimination and harassment. Organizations also risk violating the Code if they do not address underlying problems such as systemic barriers, a poisoned environment or an organizational culture that condones discrimination.

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]

Trans people and other gender non-conforming individuals who believe they experienced discrimination or harassment should try to raise the matter or make a complaint with their employer, union or other vocational association, landlord or service provider.

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.

The Code prohibits discrimination that results from requirements, qualifications, or factors that may appear neutral but have an adverse or negative effect on people identified by Code grounds.[82]

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.

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.

6.1 Protections Under the Ontario’s Human Rights Code, trans people and other gender non-conforming individuals are protected from discrimination and harassment because of gender identity and gender expression in five social areas:[23]

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.

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.

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.

This policy is a complete revision and update of the Ontario Human Rights Commission’s (OHRC’s) original Policy on discrimination and harassment because of gender identity first published in 2000. In keeping with the Preamble of the Code, this policy aims to:

People who are transgender, or who otherwise don’t conform to gender stereotypes, come from all walks of life. They are represented in every social class, occupation, race, culture, religion and sexual orientation, and live in and contribute to communities across Ontario and around the world.

Toronto – The Ontario Human Rights Commission today launched a new policy to help protect the rights of trans individuals and people of diverse genders. The Policy on preventing discrimination because of gender identity and gender expression looks at how to remove barriers and eliminate discrimination.

April 2014 ­­­­- Over the years, the Ontario Human Rights Commission (OHRC) has taken steps to address discrimination because of gender identity. In 1999, the OHRC released “Toward a Commission Policy on Gender Identity” for public comment. In 2000, the OHRC released its first Policy on discrimination and harassment because of gender identity, taking the position that the ground of “sex” could be interpreted to include gender identity. Following the release of this policy, the OHRC continued to call for explicit recognition of gender identity as a protected ground in Ontario”s Human Rights Code.

The Toronto Police Services Board’s Draft Policy is an important step in its efforts to monitor and oversee reforms to the current approach to Community Contacts. The Draft Policy refers to important principles including disengagement, rights knowledge, and compliance with the Human Rights Code and the Charter. We agree that surveys to gauge public satisfaction regarding street checks, and data collection in a separate database to monitor for racial bias in street checks, are valuable.

Policy on removing the “Canadian experience” barrier overview and Q&A.

In 2011, four individuals and the Centre for Equality Rights in Accommodation filed an application against the Attorney General of Canada and the Attorney General of Ontario. The application alleged that Canada and Ontario have violated their rights under sections 7 and 15 of the Canadian Charter of Rights and Freedoms by creating and maintaining conditions that lead to and sustain homelessness and inadequate housing.

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.

The OHRC provided guidance to the Township of Scugog about human rights principles relating to housing, as they considered amendments to their Zoning Bylaw relating to co-owned housing geared toward older Ontarians and people with disabilities. Following input from the community and the OHRC, the Township’s decision was to not create a special category, but treat the housing the same as any other residential housing.

Section 30 of the Ontario Human Rights Code authorizes the OHRC to prepare, approve and publish human rights policies to provide guidance on interpreting provisions of the Code.

A. Description and rationale

A. Description and rationale

A. Description and rationale The objective of a complaint resolution mechanism is to ensure that human rights issues are brought to the attention of the organization and are appropriately dealt with. A complaint resolution procedure should set out a clear, fair and effective mechanism for receiving and resolving complaints of discrimination and harassment.[15] B. Considerations Designing and implementing complaint mechanisms can affect an organization’s liability for discrimination and harassment.

A. Description and rationale