In 2012, three parties of the Ontario Legislature co-sponsored Toby’s Act, the Bill that added “gender identity” and “gender expression” as prohibited grounds of discrimination under the Code.9 The grounds make it clear that trans people and other gender non-conforming individuals are entitled to legal protections in the same way that people are protected from discrimination and harassment based o [...] In keeping with the Preamble of the Code, this policy aims to: Promote recognition of the inherent dignity and worth of trans people Provide for equal rights and opportunities without discrimination and harassment because of gender identity and gender expression Create a climate of understanding and mutual respect, so that trans people feel they belong in the community and can contribute to [...] The analysis and many of the examples in this policy are based on research, tribunal and court cases involving gender identity and gender expression, as well as consultations the OHRC undertook with trans people, other individuals and organizations.11 See Appendix A for more about the purpose of OHRC policies. [...] Gender identity, gender expression or other protected characteristics need only be one of the factors in the negative treatment for discrimination to exist.28 Once prima facie discrimination is established, the burden then shifts to the organization or person responsible to either provide a credible non-discriminatory explanation, or justify the conduct or practice using one of the defences availa [...] Comments and conduct that are derived from derogatory stereotypes of gay men, lesbians, bisexuals and transgendered people are captured by the prohibited ground of sexual orientation, regardless of the complainant’s sexual identity or the perception of the respondent.” See also Smith v. Menzies Chrysler Inc.
- ISBN
- 9781460639009 9781460639023
- Pages
- 62
- Published in
- Ottawa, Ontario
