The Trans community is a vast and
diverse one; however those who fall under the Trans umbrella are one of the
most discriminated communities in the world. To help combat discrimination
Trans people and the OHRC took the stance that transgender people have the
right to be free from harassment and discrimination. In the year of 2000 the
OHRC introduced the avant-garde Policy on discrimination and harassment
because of gender identity. This policy has done wonders for the
transgender community, however it was drafted in the year 2000 so the
terminology is outdated, and because of this the OHRC revised the policy as of
April 14, 2014. The revision includes new terminology and definitions to remove
language barriers. The new terminology and definitions can be found in section
3 of the Policy on preventing discrimination because of Gender Identity and
Gender Expression. [1]
The
policy’s main focus is that everyone has the right to live free of
discrimination regardless of their Gender Identity and/or Gender Expression.
Due to the policy Trans people are afforded protection against discrimination
and harassment based on Gender Identity and Gender Expression in five social
areas. These five areas include: receiving goods and services, occupying
housing accommodations, entering into contracts with others, employment, and
joining/ belonging to an association.[2]
The
OHRC is also very adamant that all people have the right to define their own
gender identity. Defining one’s own gender identity is considered part of the
basic aspects of dignity and freedom. It is also stated that for all purposes a
person should be treated based on their lived gender identity, or the gender
identity they identify as, no matter if they’re gender identity differs from
their birth assigned sex/gender.[3]
Another
aspect of the Policy is the duty to accommodate. There are two equally
important parts of the duty to accommodate. They are the procedural component
and the substantive component; this means the process of accommodating and the
actual accommodations themselves.[4]
The duty to accommodate is also broken down into basic principles which
include, respect for dignity, individualization, integration and full
participation, and inclusive design.[5]
Both parties of the accommodation process have certain roles and responsibilities:
“The person seeking accommodation is
responsible for:
·
Telling the accommodation provider (employer, landlord, service
provider, etc.) when they have Code-related needs that require
accommodation
·
Providing information relevant to their needs and meeting any
agreed-upon standards once accommodation has been provided
·
Cooperating in the accommodation process to the best of their ability.
Accommodation providers are responsible for:
·
Accepting requests for accommodation in good faith (unless there is
evidence the request is not genuine)
·
Making reasonable requests for only information that is necessary to
clarify the nature and extent of the accommodation needed for the situation
·
Making sure that information related to accommodation is kept
confidential and shared only with people who need the information for their
role in implementing the accommodation
·
Acting in a timely way and taking an active role in looking for
solutions
·
Covering any appropriate costs related to the accommodation.” [6]
This policy will
assist in the trans community being better understood and accommodated in our
current day society. It is important
that the policy be read to fully understand its compliance mandates (including
responsibilities of all parties). The
policy can be found at: Ontario Human Rights .
[1]
(See section 3) http://www.ohrc.on.ca/en/policy-preventing-discrimination-because-gender-identity-and-gender-expression
[2]
(See section 5) http://www.ohrc.on.ca/en/policy-preventing-discrimination-because-gender-identity-and-gender-expression
[3]
(See section 6.3) http://www.ohrc.on.ca/en/policy-preventing-discrimination-because-gender-identity-and-gender-expression/6-ontario%E2%80%99s-human-rights-code
[4]
(See section 8.1) http://www.ohrc.on.ca/en/policy-preventing-discrimination-because-gender-identity-and-gender-expression/8-duty-accommodate
[5]
(See sections 8.2.1/8.2.4) http://www.ohrc.on.ca/en/policy-preventing-discrimination-because-gender-identity-and-gender-expression/8-duty-accommodate
[6]
(See section 8.3) http://www.ohrc.on.ca/en/policy-preventing-discrimination-because-gender-identity-and-gender-expression/8-duty-accommodate
