The Law of Work
  • Home
  • About
  • Professor David Doorey
  • Osgoode Hall LLM
  • Books
  • Guest Contributors
  • Useful Links
    • Archive
  • Home
  • About
  • Professor David Doorey
  • Osgoode Hall LLM
  • Books
  • Guest Contributors
  • Useful Links
    • Archive
The Law of Work
Law of Work Archive

Student Blog: Harassment and Sexual Orientation & Gender Identity

by David Doorey September 22, 2008
written by David Doorey September 22, 2008

In this first “Student Blog”, York student Shanthi Bala set out to solve a mystery we discussed in our Employment Law course.  We noted that, while “sexual orientation” is a protected ground in section 5(1) of the Ontario Human Rights Code, which bans discrimination in employment, “sexual orientation” was strangely absent from section 5(2), which prohibits harassment in employment.  Does this mean that the state intended to allow harassment on the basis of “sexual orientation”?
Shanthi investigated and found that the Human Rights Commission treats gender identity and sexual orientation as ‘sex’ within the meaning of section 7(2) of the Code.  Shanthi refers us to this review of the issue as described by the Commission.  The broader discussion of this issue can be found in this paper prepared by the Commission.  It’s a very odd way of statutory drafting though, don’t you think?  Why not just include ‘sexual orientation’ in section 5(2) along with the other prohibited grounds of harassment?
Thanks Shanthi.   Other student blogs on employment and labour law issues are encouraged.

0 comment
0
FacebookTwitterLinkedinEmail
David Doorey

Professor Doorey is an Associate Professor of Work Law and Industrial Relations at York University. He is Academic Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and a Senior Research Associate at Harvard Law School’s Labor and Worklife Program. Professor Doorey is a graduate of Osgoode Hall Law School (LL.B., Ph.D), London School of Economics (LLM Labour Law), and the University of Toronto (B.A., M.I.R.).

Leave a Comment Cancel Reply

You must be logged in to post a comment.

previous post
Should Salaries & Wages Be Publicly Disclosed?
next post
Starbucks and Discriminatory Application Form

You may also like

This Blog Entry is About the Lunacy of...

July 21, 2019

A Cross Country Update on the Card-Check versus...

October 3, 2018

The Folly of Not Voting to Strike in...

September 16, 2018

Unifor Posts Photos of Replacement Workers as Gander...

September 10, 2018

A Wrongful Dismissal Case and the Absence of...

August 29, 2018

China Said to Quickly Withdraw Approval for New...

August 27, 2018

The Latest Hot E-Commerce Idea in China: The...

August 27, 2018

The Trump Administration Just Did Something Unambiguously Good...

August 27, 2018

Unstable Situations Require Police In Riot Gear Face...

August 27, 2018

Trump’s War on the Justice System Threatens to...

August 27, 2018

Follow Us On Social Media

Twitter

Latest Tweets

David J. Doorey🇨🇦 @TheLawofWork@mas.to Follow

Law Prof. Talking #labor & #employment #law to the masses. @YorkUniversity @OsgoodeNews @LSELaw @CLJEHarvard @Jacobin @OnLaborBlog https://t.co/5V9r8VPHsh

TheLawofWork
thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
1h

Sounds like @elonmusk is working towards making Twitter utterly useless unless you buy his stupid blue checkmark.

Reply on Twitter 1640826019140517888 Retweet on Twitter 1640826019140517888 Like on Twitter 1640826019140517888 1 Twitter 1640826019140517888
Retweet on Twitter David J. Doorey🇨🇦 @TheLawofWork@mas.to Retweeted
peterframpton Peter Frampton @peterframpton ·
27 Mar

I have posted this before but ..

26 years ago, a gunman entered
Dunblane Primary School in Scotland,
killing 16 kids and a teacher. The UK
govt responded by enacting tight gun
control legislation. In the 9400+ days
since, there have been a total of O
school shootings in the UK.

Reply on Twitter 1640422829442121743 Retweet on Twitter 1640422829442121743 54627 Like on Twitter 1640422829442121743 199460 Twitter 1640422829442121743
Retweet on Twitter David J. Doorey🇨🇦 @TheLawofWork@mas.to Retweeted
josheidelson Josh Eidelson @josheidelson ·
22h

Scoop: Labor Board prosecutors have concluded Starbucks illegally refused to fairly negotiate at dozens of newly-unionized cafes across the country https://www.bloomberg.com/news/articles/2023-03-28/starbucks-illegally-refused-to-bargain-on-zoom-nlrb-lawyer-says Starbucks’ refusal to negotiate if some workers participated via Zoom was illegal, NLRB general counsel says

Reply on Twitter 1640509028567506950 Retweet on Twitter 1640509028567506950 238 Like on Twitter 1640509028567506950 686 Twitter 1640509028567506950
Load More

Categories

  • Alberta
  • Artificial Intelligence
  • Australia
  • British Columbia
  • Charter of Rights and Freedoms
  • Childcare
  • Class Action
  • Climate and Just Transition
  • Collective Bargaining
  • Common Law of Employment
  • Comparative Work Law
  • competition law
  • construction
  • COVID-19
  • Diversity
  • Employee Classification
  • Employment Insurance
  • Employment Regulation
  • Europe
  • Financial Industry
  • Fissured Work
  • Freedom of Association
  • frustration of contract
  • Gig Work
  • Health and Safety
  • Health Care
  • Human Rights
  • Immigration
  • Interest Arbitration
  • International Law
  • Labour Arbitration
  • Labour Economics
  • Law of Work Archive
  • Legal Profession
  • Manitoba
  • Migrant Workers
  • Minimum Wage
  • Newfoundland
  • Nova Scotia
  • OLRB
  • Ontario
  • Pension Bankruptcy
  • Privacy
  • Public Sector
  • Quebec
  • Real Life Pleadings
  • Saskatchewan
  • Scholarship
  • Sports Labour
  • Strikes and Lockouts
  • Student Post
  • Supreme Court of Canada
  • technology
  • Transnational Law
  • Uncategorized
  • Unions and Collective Bargaining
  • United States
  • Videos
  • Women and Work
  • Wrongful Dismissal
  • Home
  • About
  • Guest Contributors
Menu
  • Home
  • About
  • Guest Contributors
  • Legal Scholarship
  • Useful Links
  • Archive
Menu
  • Legal Scholarship
  • Useful Links
  • Archive

2020. Canadian Law of Work Forum. All Rights Reserved.