Harassment is defined in subsection 10(1) of the Code as "engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.”
Gender identity and gender expression (brochure)
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.
5. Anti-harassment and anti-discrimination policies
A. Description and rationale
Sexual harassment [16]
Sexual harassment in housing and workplaces
“Harassment” in this section means comments or actions based on sex, sexual orientation, gender identity or gender expression that are unwelcome to you or should be known to be unwelcome. They may include humiliating or annoying conduct. Harassment requires a “course of conduct,” which means that a pattern of behaviour or more than one incident is usually required for a claim to be made to the Tribunal. However, a single significant incident may be offensive enough to be considered sexual harassment.
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. What is "discrimination"?
a) Defining discrimination
Discrimination is not defined in the Code but usually includes the following elements:
13. Services
Under the Code, service providers have a duty to provide services that are free from discrimination and harassment. “Services” is a very broad category and includes services designed for everyone (shops, restaurants or education), as well as those that apply specifically to people with mental health disabilities and addictions (the mental health system or addiction treatment centres).
12. Employment
Work, paid or unpaid, is a fundamental part of realizing dignity, self-determination and a person’s full potential in society. In Ontario, people are protected from discrimination based on disability in employment. Employment includes paid employment, volunteer work, student internships, special job placements, and temporary, contract, seasonal or casual employment. Many consumer/survivors or people with addictions expressed their desire to work or volunteer, but could not without the accommodation they needed.
11. Housing
The lack of affordable and suitable housing across Ontario was raised by individuals with mental health and addiction disabilities, and organizations. Statistics Canada’s 2006 Participation Activity Limitation Survey (PALS) shows that in Ontario, people with “emotional” disabilities are more likely to be in core housing need than the non-disabled population and people with other types of disabilities.
Racial harassment: know your rights (brochure)
2012 - Racial harassment may be based on a combination of any of the above characteristics. It may also be because of things related to them, such as if you wear clothing related to your background, speak with an accent or practice a certain religion. It is against the law for anyone to harass you, insult you, or treat you unfairly for any of these reasons.
OHRC remarks to the Ontario Legislative Standing Committee on Social Policy regarding Bill 13 and Bill 14
I am here today on behalf of the Ontario Human Rights Commission to indicate our general support for this proposed legislation.Let there be no doubt. Bullying is a critical human rights matter. Ontario’s Human Rights Code is Ontario’s highest law. All schools, including public, Catholic and private, have a legal duty to provide students with an educational environment free from harassment and other forms of discrimination because of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, age, marital status, family status or disability and sex including gender identity.