LGBTQ+
Human Rights Code Violations
Discrimination against members of the LGBTQ community is a serious human rights violation. No one should be denied housing because of their sexual orientation or gender identity. If you or someone you know has been discriminated against based on these personal characteristics, it is important to take action.
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Discrimination Against LGBTQ+
Discrimination against LGBTQ+ in Ontario is a very real issue that needs to be addressed. Though Canada has made significant progress in recent years in terms of equality for the LGBTQ+ community, there are still many instances of discrimination that occur in Ontario.
Under the Ontario Human Rights Code, it is illegal to discriminate against someone on the basis of their sexual orientation, gender identity, and gender expression. Unfortunately, this law is not always followed, and discrimination against the LGBTQ+ community is still a reality.
One of the most common forms of discrimination against LGBTQ+ individuals in Ontario is within the workplace. Employers may refuse to hire someone because of their sexual orientation, or may treat them differently than other employees, such as not giving them the same pay or benefits. In addition, employers may not provide a safe and supportive workplace for LGBTQ+ individuals.
Discrimination can also occur in the housing market, as landlords may refuse to rent to someone based on their sexual orientation or gender identity. This can be especially difficult for LGBTQ+ individuals who are already facing economic hardship, as they may not be able to find housing due to discrimination.
Furthermore, discrimination against LGBTQ+ individuals can also occur in healthcare settings, as some healthcare providers may not provide the same level of care to LGBTQ+ patients as they do to other patients. This can lead to unequal access to healthcare and can be especially dangerous for LGBTQ+ individuals who rely on specialized medical services.
Discrimination against LGBTQ+ individuals is a serious issue that needs to be taken seriously. It is important to ensure that all individuals in Ontario are treated equally and with respect, regardless of their sexual orientation or gender identity. The Ontario Human Rights Code must be followed by all employers, landlords, and healthcare providers, and any instances of discrimination should be reported. Only by working together to ensure that everyone is treated equally and with respect can we create an inclusive and safe environment for everyone in Ontario.
It's Time to Take Action
At Cordaie Paralegal Services, we are often asked about how to fight against LGBTQ+ discrimination under the Human Rights Code. This is an incredibly important issue, and one that deserves to be taken seriously.
LGBTQ+ individuals have the same rights as everyone else in Canada, and this includes the right to be free from discrimination. Under the Canadian Human Rights Code, it is illegal to discriminate against someone based on their sexual orientation, gender identity, or gender expression. This applies to all areas of life, including employment, housing, services, and goods.
Unfortunately, discrimination against LGBTQ+ individuals is still a reality in Canada. That is why it is important to know your rights and the steps that can be taken to protect them. One way to do this is to contact our firm and speak with a paralegal who focuses in human rights issues.
Our paralegal can help you understand your rights and the legal steps you can take to seek justice. They can provide advice on filing a complaint, the legal process, and the potential outcomes. They can also represent you in court, if necessary.
It is important to remember that you do not have to suffer in silence. If you believe that you have experienced discrimination because of your sexual orientation, gender identity, or gender expression, you have the right to seek legal action. We can help you navigate the process and fight for justice.
For a free consultation call us at 844-4-WIN-4-ME.
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Discrimination Against LGBTQ+
Here are answers to some common questions.
LGBTQ+: Discrimination Based on Sexual Orientation
Gay, lesbian, bisexual, or heterosexual discrimination is treating someone badly or denying them a benefit due to their sexual orientation. Amongst other types of LGBTQ+ discrimination is the varying treatment of trans, transgender or other members of the LGBTQ+ community.
Among the ways it can occur are:
- Threats or verbal abuse
- Name-calling, insulting remarks, or unwelcome remarks
- Service denial
- Refusing to hire or promote someone
- Hateful publications or displays based on sexual orientation
Examples of sexual orientation discrimination:
- A woman and her same-sex partner walk into a rental apartment. It came to their attention that they were lesbians when they arrived at the apartment to view it. As they approached the landlord, he realized that they were lesbians, and he told them: "I do not want people like yours living here because this is a building with traditional values.".
- There is a case in which a gay man tells a trusted coworker that he is gay. It is not long after this that he finds that his name has been included in graffiti on the wall of the washroom of the workplace that is offensive to homosexuals.
- Books showing same-sex families are banned from the classroom.
- The same-sex partner of an employee is denied dental and medical benefits
LGBTQ+: Terms Defined
The Ontario Human Rights Code (the Code) protects people from discrimination and harassment due to their gender identity and expression in employment, housing, facilities and services, contracts, and membership in unions and trade or professional associations.
Gender Expression:
A person's gender expression is how they present themselves publicly. Dress, hair, make-up, body language, and voice can all contribute to this. People also express their gender through their chosen names and pronouns.
Gender Identity:
The concept of gender identity refers to each individual's internal and individual experience of gender. It is how they define themselves as women, men, both, neither, or somewhere in between. The gender identity of a person may be the same as or different from their birth-assigned sex. Sexual orientation differs fundamentally from gender identity.
Homophobia:
In the LGBTQ+ community, homophobia refers to a range of negative attitudes (e.g., fear, resentment, intolerance, erasure, and discomfort) towards members. It can also imply fear, disgust, or a dislike of being perceived as LGBTQ+. It is used to describe biases against bisexuals and transgender individuals as well; however, the terms biphobia and transphobia refer to specific biases.
Homosexual:
It is a term used to describe a person who is primarily emotionally, physically, and/or sexually attracted to the same sex or gender. This term is considered stigmatizing due to its history as a category of mental illness and is discouraged for common use (use gay or lesbian instead).
Sex:
The combination of chromosomes, hormones, internal and external reproductive organs, secondary sex characteristics, and gender identity. At birth, most people are assigned male or female based on their external genitalia.
Trans or Transgender:
There are people who identify as transgender or transsexual or are transgender in some other way. However, these people do not conform to stereotypical gender norms in terms of their gender identities and expressions. A Person who identifies as transgender may include persons who identify as transgender women (male-to-female), trans men (female-to-male), transsexuals, cross-dressers, people who identify as gender non-conforming, persons who identify as gender variants, or persons who identify as transgender.
LGBTQ+: Ontario Human Rights Protections
Protections Under the Ontario’s Human Rights Code, trans people and other gender non-conforming individuals are protected from discrimination and harassment because of gender identity and gender expression in five social areas:
- Using facilities, receiving goods, and receiving services. “Services” are broad categories that include insurance, schools, restaurants, policing, health care, shopping malls, etc.
- In the case of occupying housing accommodation. Rental housing, cooperative housing, social housing, and supportive housing are all included in this category.
- If you enter into a contract with someone else. This includes all aspects of a contract, such as the offer, acceptance, price, and even the rejection of the offer.
- In the field of employment. There are several employment opportunities available to students including full-time work, part-time work, volunteer work, internships, special employment programs, probationary employment, as well as temporary and contracted employment.
- It is unlawful to join, be a member of, or belong to a union, professional association, or other occupational association. The same applies to self-government professions and trade union membership, including membership terms and conditions. A fundamental aspect of the Code is its primacy over all other provincial laws in Ontario. In other words, it operates despite the Code unless the law specifically states otherwise. As a result, when the Code conflicts with another law, the Code will prevail.
LGBTQ+: Do I Have a Human Rights Complaint?
To make a complaint all of the following must be true:
- ✓ A benefit has been denied to you or you have been treated badly
- ✓ Sexual orientation is associated with the way you have been treated (badly or denied a benefit)
- ✓ There was a treatment at work, in a store or restaurant, or between a landlord and tenant
LGBTQ+: Establishing Discrimination
Discrimination is not defined in the Code. As a result of tribunal and court decisions, we have developed a better understanding of discrimination.
Prima facie (on its face) discrimination must be established by demonstrating:
- A characteristic protected by the Code (e.g. gender identity or gender expression)
- You experienced adverse or negative treatment or impact in one of the social areas covered by the Code (e.g., accessing services, housing, or employment)
It is difficult to detect discrimination if the protected characteristic plays a role in the adverse treatment. As a claimant, you must be able to prove that you were adversely impacted or negatively treated on a "balance of probabilities" (more likely than not).
There should be flexibility in the analysis and it should include consideration of all relevant factors in the situation, including circumstantial evidence, as well as the full impact on the individual or group affected.
The presence of "intent" may be necessary to prove discrimination, but this is not a requirement for proof of discrimination. For discrimination to be committed, it only needs to be one of the factors in the negative treatment to be based on gender identity, gender expression, or other protected characteristics. The burden then shifts to the organization or individual responsible for demonstrating the existence of prima facie discrimination to provide a credible non-discriminatory explanation or to support the conduct or practice using one of the defenses available under the Code.
LGBTQ+: Forms of Discrimination
Discrimination may be direct, indirect, or subtle. In some cases, it may happen directly. Individuals and organizations may discriminate against LGBTQ+ people when they exclude them from housing, employment or services, withhold benefits to LGBTQ+ people that are available to others, or impose additional burdens on LGBTQ+ people that are not imposed on others, for no legitimate reason or without due process. Indirect discrimination is also a form of discrimination that can occur. Other people or organizations may be able to act on your behalf.
The following is a typical scenario:
A company contracts with a temp agency to provide it with services, and it later discovers that the worker is transgender. As a result, the company tells the agency not to send any more transgender workers or workers who don't look like "normal" men or women to the company. In a human rights claim, it is possible to name both the organization or person that sets out discriminatory conditions, as well as the organization or person that practices this discrimination, in a joint claim and to hold them responsible jointly.
It is widely recognized that LGBTQ+ people are subjected to a great deal of discrimination overtly. In addition to these, there are more subtle, subversive and hidden forms of abuse, which can be equally damaging to the individual.
Frequently Asked Questions
Here are answers to some common questions.