The Canadian Human Rights Act prohibits discrimination based on sexual orientation and gender identity or expression. Discrimination on these grounds can be sexual harassment.
Disparaging comments or jokes about a person’s gender identity or sexual orientation are examples of sexual harassment. Discrimination based on gender identity also includes other actions such as deliberate misgendering or incorrect use of pronouns.
I agree with the applicants that misgendering or the use of incorrect pronouns is adverse treatment with respect to the applicants’ employment. I find that the personal respondent was dismissive and insinuated that the applicants were being oversensitive about his improper use of their pronouns.
— Ontario Human Rights Commission
Creating a harassment-free and respectful and inclusive workplace includes using people’s expressed names and pronouns. Employers should provide opportunities for people to inform them about their pronouns without requiring disclosure.
The evidence is painstakingly clear. Two spirit, trans, non-binary and gender nonconforming people are bearing the brunt of violence and harassment both within and outside of the workplace. Almost three quarters of gender diverse respondents have faced sexual harassment and violence at work. And while no one should ever go through this, these staggering results show that gender diverse individuals are disproportionately impacted. This is compounded by the fact that these folks are also more likely to experience other forms of harassment in their day to day lives, like online harassment.
— Larry Rousseau, Executive Vice President at the Canadian Labour Congress
PLEA offers free online training on preventing and addressing workplace harassment.