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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:

Recreational clubs such as sports clubs may give different services or charge different fees to persons based on sex, marital status or family status. For example, special family rates in a community centre or women-only sections of a gym are permitted under the Code.
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This section allows separate washrooms, examination areas, change rooms and other services that are men-only or women-only. Trans people should be provided access to facilities that are consistent with their lived gender identity.[34] [34] For more information, see the OHRC’s Policy on discrimination and harassment because of gender identity (2000).
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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.
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There is a close connection between mental health disabilities, addictions and gendered violence. Women who are survivors of violence, trauma and abuse often face substance use and mental health issues.[61] Several women reported gender-based violence related to having a mental health history. Some said they were sexually harassed or assaulted by patients or staff while hospitalized for a psychiatric disability.
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A high school student gets a failing grade on her essay because she refused her teacher’s sexual advances. A factory worker repeatedly turns down her foreman’s requests for a date, and suddenly sees her work hours reduced. A single mother gets evicted because she won’t have sex with her landlord.
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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.
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Toronto - Chief Commissioner Barbara Hall today released the Ontario Human Rights Commission's 2010-2011 Annual Report.
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Toronto – As part of its ongoing work with police across the province, the Ontario Human Rights Commission (OHRC) today releases a new guide. Human rights and policing: creating and sustaining organizational change aims to encourage and support police services across Ontario in building human rights into all their work.
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Toronto – As part of its ongoing work with community partners in the area of human rights and housing, the Commission announced today that it has written to media and housing websites to ask them for help in addressing discriminatory housing advertisements. Barbara Hall, Chief Commissioner, commented that, “Over the years, we have heard many stories of discrimination in rental housing. That some people are still facing discrimination right at the very start of their search for housing is unacceptable.”
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2011 - Sexual and gender-based harassment are kinds of discrimination. They can hurt a person’s dignity, make them feel unsafe and stop them from reaching their full potential. Sexually harassing or bullying someone because of their sex, gender or sexual orientation is not acceptable. It is against the law.
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