Skip to main content
Code Grounds /

Sex

The Code does not specifically define the ground of “sex,” but the OHRC considers it to be related to a person’s biological sex, male or female. Men and women receive equal protection under this ground. The ground of “sex” also includes a broader notion of “gender,” which can be described as the social characteristics attributed to each sex.

The Code protects men and women from harassment and discrimination, including assumptions about their abilities that result from stereotypes about how men and women ”should” behave, dress or interact. The right to equal treatment without discrimination because of sex also applies to pregnancy.

Relevant policies:

The Code does not specifically define the ground of “sex,” but the OHRC considers it to be related to a person’s biological sex, male or female. Men and women receive equal protection under this ground. The ground of “sex” also includes a broader notion of “gender,” which can be described as the social characteristics attributed to each sex.

The Code protects men and women from harassment and discrimination, including assumptions about their abilities that result from stereotypes about how men and women ”should” behave, dress or interact. The right to equal treatment without discrimination because of sex also applies to pregnancy.

Relevant policies:

June 15, 2016 - Dear Minister Orazietti, Congratulations on your appointment as Minister of Community Safety and Correctional Services.  The Ontario Human Rights Commission (OHRC) is looking forward to working closely with you, especially as you continue to review the use of segregation within provincial jails, as well as the treatment of immigration detainees held in provincial custody.
Read more
Muslim barber and woman denied service Read the following excerpt from a news clipping about a competing rights case. This is an example involving two Code grounds – creed versus sex. When you’re finished reading, answer the questions at the bottom of the page. You can also watch this CTV news video about the case.
Read more
Examples of gendered and/or sexualized dress code requirements or expectations that may violate the Human Rights Code: 
Read more
Removing barriers based on sex and gender This checklist can help organizations make sure that their dress codes and uniform policies are consistent with Ontario’s Human Rights Code protections relating to sex and gender, as set out in the OHRC’s Policy position on sexualized and gender-specific dress codes. Dress codes/uniform policies should:
Read more
Toronto – The Ontario Human Rights Commission (OHRC) is calling for a comprehensive new approach to policing in Ontario that addresses long-standing concerns about systemic discrimination.
Read more
Twenty-five years after it was enacted, the provincial government (Government) is reviewing and revising the Police Services Act as part of its Strategy for a Safer Ontario (SSO). The OHRC welcomes the opportunity to provide input to the Ministry of Community Safety and Correctional Services (Ministry) on the SSO.
Read more
Toronto — In recognition of International Women’s Day, the Ontario Human Rights Commission (OHRC) is calling for an end to sexualized dress codes that discriminate against female and transgender employees. The OHRC makes the call in a policy position on gender-specific dress codes released today.
Read more
by Renu Mandhane In 2007, Ashley Smith died in federal custody in Kitchener, Ont., after spending extended periods of time in segregation (or solitary confinement). In 2010, Edward Snowshoe died by suicide while in custody in Edmonton, Alta., after spending 162 days in segregation. These cases have become emblematic of the incredible problems with the continued use of segregation in prisons.
Read more
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.
Read more
March 8, 2016 - 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.
Read more