Gender identity is linked to a person’s sense of self, and the sense of being male or female. A person’s gender identity is different from their sexual orientation, which is also protected under the Code. People’s gender identity may be different from their birth-assigned sex.
Recent references to a transgender person in a column and in letters to the editor are of concern to the Ontario Human Rights Commission, because they advance some common misinformation that has caused serious harm to the transgender community.
In 2000, the Ontario Human Rights Commission (OHRC) released a policy on gender identity and human rights, taking the position that the ground of sex could be used to protect transgender people from discrimination and harassment. The OHRC also called for an amendment to the Ontario Human Rights Code (the Code) to add “gender identity” as a prohibited ground of discrimination and 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.
Toronto – A new survey launched today by the Ontario Human Rights Commission (OHRC) asks for public input on definitions for the new grounds of “gender identity” and “gender expression” that were added in June 2012 as grounds of discrimination under the Code.
From: Minds that matter: Report on the consultation on human rights, mental health and addictions
Transgender people told us about the major impacts on their mental health from daily discrimination, lack of societal acceptance, poverty, unaffordable housing and alienation from family, based on gender identity. A focus group co-facilitated by Rainbow Health Ontario, identified poverty as a consequence of discrimination, but also a contributing factor to poor mental health. In a study of 433 trans Ontarians, half “seriously considered” suicide because they were trans. Trans youth (up to age 24) were more than twice as likely to seriously consider suicide than trans people over age 25.
July 25, 2012 - We are pleased to note that a key objective of the consultation is to develop revised criteria that are in accordance with the Human Rights Tribunal of Ontario’s decision dated April 11, 2012 in XY v. Ontario (Government and Consumer Services). We trust that this submission is of assistance in your development of revised criteria. We address the questions set out in your Consultation Document, and make additional observations.
In the Ontario Human Rights Code (the Code), sexual harassment is “engaging in a course of vexatious comment or conduct that is known or ought to be known to be unwelcome.” In some cases, one incident could be serious enough to be sexual harassment. Gender-based harassment is one type of sexual harassment.
The Ontario Human Rights Code says everyone has the right to be free from sexual harassment by their landlord, someone working for their landlord, or someone who lives in the same building. Because landlords are in a position of authority, and have access to apartments and often hold personal information, tenants can feel very threatened when they are sexually harassed. This may be especially true for low-income, racialized, gay and lesbian people, people with disabilities and other people identified by the Code who are sometimes targeted for sexual harassment.
As a student, you have the right to an education where you are not sexually harassed. This includes primary, secondary and post-secondary education, and school activities such as sports, arts and cultural activities, field trips and tutoring.
