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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: 

  1. 9.3. Intersections with sex

    From: Minds that matter: Report on the consultation on human rights, mental health and addictions

    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.

  2. Commission releases revised policies

    December 22, 2000

    Toronto - The Ontario Human Rights Commission today released two revised policies. The Commission's Policy on Drug and Alcohol Testing has been updated to reflect the Ontario Court of Appeal's recent decision in Entrop v. Imperial Oil Ltd., a human rights complaint involving the introduction of a workplace policy requiring employees in safety-sensitive positions to disclose a past or current substance abuse problem. In this case, although the problem had occurred eight years earlier and there had been no further incident of substance abuse, the employee was immediately reassigned to another position. The employee subsequently filed a human rights complaint alleging discrimination because of a handicap.

  3. 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.

  4. Restrictions of facilities by sex

    From: Guide to your rights and responsibilities under the Human Rights Code

    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).

  5. Updated Policy on preventing discrimination because of pregnancy and breastfeeding

    October 28, 2014

    Toronto – The Ontario Human Rights Commission (OHRC) released an updated version of its Policy on preventing discrimination because of pregnancy and breastfeeding in an eLaunch today.

    An hour-long webinar – available at www.ohrc.on.ca – provides an overview of the policy, offers a Q&A opportunity, and features several speakers.

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