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:
Toronto - Metro Toronto Chinese and Southeast Asian Legal Clinic - The Human Rights Tribunal of Ontario has found casino tour operator Tai Pan Vacations Inc. liable for committing an act of reprisal against a female employee who had settled a related human rights complaint.
June 2006 - Over the past ten years, the Commission has been involved in 72 judicial review decisions, 32 decisions on appeal at the Divisional Court, 40 decisions from the Court of Appeal, and 17 from the Supreme Court of Canada. As of March 31, 2006, the Commission was litigating 462 cases at the Tribunal, eight cases before the Divisional Court, three in the Ontario Court of Appeal, and two before the Supreme Court of Canada.
Toronto - The Commission today launched a province-wide campaign in partnership with the Infant Feeding Action Coalition (INFACT) Canada and Toronto Public Health to mark World Breastfeeding Week activities.The campaign features a transit ad, which will run on municipal transit vehicles across the province and a platform poster which will appear in high traffic subway stations in Toronto. These advertisements are designed to help eliminate discriminatory practices against mothers and children, and to support the Commission's mandate to increase awareness of human rights and protections for women under the Code.
Toronto - Over the past ten years, the Commission has been involved in 72 judicial review decisions, 32 decisions on appeal at the Divisional Court, 40 decisions from the Court of Appeal, and 17 from the Supreme Court of Canada. As of March 31, 2006, the Commission was litigating 462 cases at the Tribunal, eight cases before the Divisional Court, three in the Ontario Court of Appeal, and two before the Supreme Court of Canada.
From: Frequently asked questions
It is discrimination if you fire, demote or lay off an employee because she is or may become pregnant or she is away on maternity leave or disability leave related to pregnancy. Employers have a duty to accommodate a pregnant woman unless it would cause undue hardship. This may include changing her job duties temporarily or providing time off work.
Toronto - A recent settlement negotiated by the Ontario Human Rights Commission (the “Commission”) guarantees equality between female and male doctors seeking parental leave benefits from their employers, Chief Commissioner Barbara Hall announced today.
From: Guide to your rights and responsibilities under the Human Rights Code
The Code protects a woman because she is or was pregnant, may become pregnant, has just had a baby or other pregnancy-related situations.[27] Pregnancy includes the process of having a baby from conception up to the period following childbirth. It also includes the post-delivery period and breastfeeding.
The term “pregnancy” takes into account all the special needs and circumstances of a pregnant woman and recognizes that the experiences of women will differ. Special needs can be related to:
I understand that the issue of a councillor, or other people, breastfeeding at Oshawa City Council chambers may be considered by Council. The Ontario Human Rights Commission’s Policy on Discrimination Because of Pregnancy and Breastfeeding contains our interpretation of the provisions of the Ontario Human Rights Code relating to pregnancy and breastfeeding.
October 2014 - This case law review looks at important developments in the law dealing with discrimination based on pregnancy and breastfeeding between 2008 and January 2014.[1] The discussion of the law in Ontario is intended as a resource, to be read along with the Ontario Human Rights Commission’s Policy on Preventing Discrimination because of Pregnancy and Breastfeeding (the Policy)[2], about the rights of women[3] who are pregnant, planning to become pregnant, who have had a baby or who are breastfeeding. However, it is not legal advice.
October 2014 - This policy sets out the OHRC’s position on discrimination based on pregnancy and breastfeeding at the time of publication. It deals primarily with issues that fall within the jurisdiction of the Ontario Code, and which can form the subject matter of a human rights claim. At the same time, the policy interprets the protections of the Code in a broad and purposive way, consistent with the principle that the quasi-constitutional status of the Code requires that it be given a liberal interpretation that best ensures its anti-discriminatory goals are met.
