Discrimination on the Basis of Sex

Discrimination on the basis of sex is entirely different from sexual harassment in the workplace.
Examples of discrimination on the basis of sex include:

• a concern on the part of an employer that a female employee might be alone in the office at night does not justify a refusal to hire
• in most cases, a position of employment requiring a minimum degree of physical strength or capacity for endurance should not be reserved strictly for males
• work that is dirty or dangerous by nature should not exclude females from consideration
• concerns about whether there is a customer preference for a male or female employee may amount to discrimination on the basis of sex

The Ontario Human Rights Code specifically provides that discrimination on the basis of sex includes the right to equal treatment without discrimination because a woman is or may become pregnant. For example, a health or safety policy of an employer that affects pregnant or potentially pregnant employees, could amount to discrimination on the basis of sex even though the policy is based on the employer's honestly held belief.

Should you require legal assistance, please email us at lawyers@grosman.com

...back to Discrimination Law Index