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OHRC policy position on sexualized and gender-specific dress codes Some Ontario employers require female employees to dress in a sexualized or gender-specific way at work, such as expecting women to wear high heels, short skirts, tight clothing or low-cut tops. These kinds of dress codes reinforce stereotypical and sexist notions about how women should look and may violate Ontario’s Human Rights Code.

While the OHRC has limited its inquiry to certain companies, the OHRC policy position on sexualized and gender-specific dress codes applies across Ontario. The Policy position and related OHRC tools and resources (Appendix D) are provided to help all companies identify and remove dress code barriers.

Companies described many good practices and changes to policies. However, the responses also identified areas for improvement.

Overall, the response from the companies contacted was positive. Most were aware of concerns relating to sexualized and gender-specific dress codes, and several said they had already changed dress codes, or were making amendments when they received the OHRC’s letter. Over several months, the OHRC provided updates and feedback to all of the restaurants contacted, and engaged in dialogue to help organizations identify and address issues of concern. In general, companies expressed positive views about addressing dress code, sexual harassment and gender-related issues, mentioning:

On July 8, 2016, the OHRC initiated a human rights inquiry into dress codes in the restaurant sector and identified restaurant companies based on the following criteria:

The OHRC reached out to Restaurants Canada’s Ontario branch and the Ontario Restaurant, Hotel and Motel Association (ORHMA) to discuss the dress code issue and seek their help in addressing it. Over the past year, we have been pleased with the cooperation of both organizations, which have worked to raise awareness, identify and address questions and concerns from their members, and provide tools and assistance to remove dress code barriers and increase human rights compliance. The ORHMA has[17]:

Under the Code, the OHRC works to identify, prevent and eliminate discrimination, and promote and advance human rights across the province. Our goal is to create an inclusive society where everyone is valued, treated with equal dignity and respect, and takes responsibility and action, so human rights are a lived reality. 

Employers can have dress codes, but only if they do not violate the Code. Human rights decisions dating back to the 1980s have found that dress codes that create adverse impacts based on sex violate human rights laws. Any sex-based requirements in the dress code must be legitimately linked to the requirements of the job, or they will be discriminatory.[11]

Approved by the Ontario Human Rights Commisssion: March 2017 Available in various formats on request Introduction Since mid-2015, many restaurant workers have raised concerns about sexualized and gender-specific dress codes affecting front-of-house staff in the restaurant sector. Current or former restaurant staff have described their experiences and concerns in the media and social media, started a petition, held events and made human rights and workplace safety complaints.[1]

February 3, 2017 - Dear Minister Naidoo-Harris: I am writing to you in keeping with the Ontario Human Rights Commission’s mandate to promote and protect human rights in Ontario. First, let me congratulate you on your recent appointment as the new Minister of Women’s Issues for Ontario.

Robyn Doolittle’s ground-breaking investigation “Unfounded” exposes how police services across Canada are “ill-equipped or unwilling to investigate sexual assault cases” with nearly 20% being dismissed as “unfounded.” At one point in the story, Doolittle asks police to explain the disproportionate “unfounded” rates. She is told by the police that the explanation might lie in coding errors or misclassification of cases, but we know that there are more factors at play. With “unfounded” rates of 19% across Canada and as high as nearly 60% in some jurisdictions, part of the answer must also lie in systemic bias against women – which is a human rights issue.

Beyond remorse – to action. It has now been two weeks since the tragic attack on a Quebec City mosque. Many individuals and organizations across Canada properly voiced their outrage, their sorrow and their support for our Muslim neighbours. But there is more to be done – and this is the time to do it. Taking lasting action is the best way to remember and honour the victims. First, we must acknowledge that Islamophobia is real, and is embedded across our society including right here in Ontario.

Toronto – On February 1, following the launch of its updated Policy on ableism and discrimination based on disability, the Ontario Human Rights Commission (OHRC) will release a new policy statement on medical documentation to be provided when disability-related accommodation requests are made.

Toronto – A coalition of national and provincial organizations and agencies has partnered to launch an awareness raising campaign that encourages Ontarians to stand up to Islamophobia and racism.

button.ohrc-asl-button { border: 1px solid #999; background-color: #ECF1F0; color: #222; font-size: 1em; padding: 0.45em 1.45em; border-radius: 9px; }button.ohrc-asl-button:hover { background-color: #F1F7F9; }.rtl { direction: rtl; } .videocontent { border: 0.5em solid #aaa; border-radius: 0.33em; box-shadow: 0.25em 0.25em 1em; margin: 2em auto; max-width: 720px; width: 73.6%; } li.book_printer { display: none !important; } معلومات إضافية للوافدين الجدد من سوريا

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These videos were created in response to the Syrian refugee crisis. They can help all newcomers, support agencies and the public. The videos are also available with Arabic subtitles.

In July 2015, the OHRC intervened in a Human Rights Tribunal of Ontario Application concerning the treatment of trans persons in custody.

OHRC and HRPA webinar on drug and alcohol testing for HR professionals.

The OHRC agrees with and supports the recommendations laid out by the York University researchers. Specifically, the OPS should develop and implement solutions to address the anomalies of disproportionately high incidences of police stops of racialized groups. 

The results from the OPS data collection project are situated within a context of historical police/community relations with racialized and Indigenous peoples in Ottawa and Canada generally. Many Supreme Court of Canada decisions and research studies show that systemic discrimination in policing is a reality. The York University researchers’ findings are similar to the results of other research conducted on police bias.

4.1. “Proof” of racial profiling In response to the researchers’ findings, the Ottawa Police Service and others have asserted that the data does not “prove” racial profiling. This raises a question about the value of the data and what it can tell us. The purpose of the study was to assess whether racialized or Indigenous groups are over-represented in traffic stops, to provide clear evidence that the Ottawa Police Service, and others, could act on. The study met this goal. The researchers noted that the purpose of the study was not to prove causation.

From the OHRC’s perspective, the York University researchers’ findings are highly consistent with the phenomenon of racial profiling. Over-representation of various racialized groups and sub-groups (broken down by sex and age) exists when looking at traffic stops generally, the reason for the stop, the outcome of the stop and the police district where the stop took place.

The OHRC defines racial profiling as any action undertaken for reasons of safety, security or public protection that relies on stereotypes about race, colour, ethnicity, ancestry, religion or place of origin rather than on reasonable suspicion, to single out an individual for greater scrutiny or different treatment.

November 26, 2016 - The OPS’s Traffic Stop Race Data Collection Project (TSRDCP) arose as a result of a human rights complaint, in which a young Black man alleged that he experienced racial profiling by OPS officers. As part of the settlement, the OPS agreed that its officers would collect race-based data on traffic stops for two years beginning in 2013. The OPS fully complied with the settlement and even went beyond what was required in its data collection efforts, resulting in a comprehensive police data collection initiative. The research findings that have arisen from the data collection are alarming and are consistent with racial profiling.