Human Rights Policy – [Link].

Original issue date: January 1, 1994

Last revised: February 25, 2020

1. Introduction / Objective
The YMCA of Greater Toronto is committed to diversity and social inclusion and to meeting its
obligation under Ontario’s Human Rights Code (Code), and Ontario’s Accessibility for Ontarians
with Disabilities Act (AODA) by providing welcoming program sites and workplaces that respect
the rights of every individual.
The purpose of the Human Rights Policy is to foster inclusive YMCA environments and to
prevent discrimination and harassment through greater awareness of and responsiveness to
their harmful effects. This policy also ensures that human rights and accessibility-based
complaints are dealt with promptly and effectively through consistently applied procedures.
Note: Nothing in this policy denies or limits a person from seeking assistance through other
avenues including the Human Rights Tribunal of Ontario, or the police, or the courts.

Policy Statement

The YMCA recognizes the dignity and worth of every individual and seeks to create a climate of
understanding and mutual respect within our workplace and our programs. Discrimination and
harassment based on legislated prohibited grounds of discrimination will not be tolerated.
This Policy applies not only to employees but also to YMCA volunteers and program members.
The YMCA is a shared experience for everyone to enjoy.

2. Definitions
The following terms are used in this policy:
Accommodation is a way of minimizing barriers preventing persons identified by the Code from
fully taking part in a way that responds to their individual circumstances. Within the context of
a disability, accommodations are measures used to make something accessible to a person with
a disability.
Example: Accommodation could mean altering a dress code or changing shift work to
accommodate an employee’s individual religious practices. Within the context of a disability,
accommodation could mean providing a voice synthesizer on a computer for an employee who
is blind, or permitting a YMCA member to use their personal assistive device or to be
accompanied by their support person, or their guide dog or service animal unless the animal is
excluded by another law, in order to increase accessibility to a YMCA program or service.

YMCA of Greater Toronto: YMCA Operating Policies

 Discrimination is any prejudice, behaviour or practice that results in unfair treatment of any
person or persons based on a prohibited ground of discrimination.

Harassment is a course of vexatious conduct or comments based on a prohibited ground of

discrimination, which is known or ought reasonably to be known to be unwelcome.
Examples of discrimination and harassment include jokes that have the purpose or effect of
stereotyping, demeaning or making fun; derogatory comments, such as racial slurs; visual
messages that are degrading; any threatening or intimidating behaviours.

Sexual harassment is a form of harassment and occurs when a person receives unwelcome
sexual attention that is known or should reasonably be known to be unwelcome.

Sexual solicitation is a form of sexual harassment. It occurs when an employee receives

unwelcome sexual attention from another employee who is in a position of authority over him
or her (e.g. a supervisor or manager).
Examples of sexual harassment and sexual solicitation include repeated and unwelcome social
requests, suggestive looks, sexist jokes, unwanted physical or sexual conduct, or repeated
behaviours that may reasonably be seen as putting a sexual condition on employment or
opportunity for promotion.

Prohibited grounds of discrimination as defined by the Code are: disability, gender (described
as ‘sex’ in the Code, including pregnancy, breastfeeding, gender identity and gender expression),
sexual orientation, race, colour, ancestry, place of origin, ethnic origin, citizenship, creed (faith),
age, marital status, family status and record of offences.

Definitions pertaining to gender identity and gender expression along with guidelines for
volunteers and staff in removing barriers to full participation in YMCA programs, services and
employment can be found in Appendix A to this policy entitled Guidance to Staff and Volunteers
on Affirming Gender Identity and Gender Expression.

3. Legislative Context
Ontario Human Rights Code
Every person has a right to equal treatment with respect to services, goods and facilities,
including housing, and employment. This right is guaranteed by the Ontario Human Rights Code
(Code) and, when necessary, enforced by the Human Rights Tribunal of Ontario.

Accessibility for Ontarians with Disabilities Act (AODA)

The AODA details specific requirements and standards for accessibility in Ontario. Accessibility
standards are the rules that organizations in Ontario will have to follow to identify, remove and
prevent barriers to accessibility.

YMCA of Greater Toronto: YMCA Operating Policies

4. Roles and Responsibilities

YMCA of Greater Toronto: The YMCA is committed to maintaining an environment that is

inclusive and accessible and free of discrimination and harassment on prohibited grounds. The
YMCA undertakes to make reasonable accommodations, where appropriate, to advance the
objectives of the Code, the Accessibility Standards under AODA and this Policy.

Managers and Staff in a Supervisory Role: Managers and staff in a supervisory role have the
additional responsibility under the Human Rights Code of creating and maintaining an
accessible, harassment and discrimination-free environment by promoting human rights and
removing potential barriers to equal treatment.

All members of the YMCA community including staff, volunteers and members are expected to
abide by this Policy. When a member requires assistance or accommodation, they should
communicate their needs to the appropriate manager.

5. Procedures

Managers and supervisors shall:

 Act as positive role models
 Take care to ensure that contraventions of this Policy are not supported or condoned
 Take all allegations of discrimination and harassment seriously and respond promptly to any
observation, allegation or complaint

Staff and members including volunteers, shall:

 Treat each other with respect and dignity at all times while at the YMCA
 Maintain strict confidentiality by not discussing allegations or reports of harassment or
discrimination with other individuals, except on a “need to know” basis
 Respect the reputation of individuals by not making a trivial or malicious allegation or
report.

6. Human Rights at the Workplace

The YMCA is wholly committed to principles of workplace diversity and social inclusion and will
continue to develop and implement workplace diversity and social inclusion principles across all
of its structures, policies, procedures and decision making processes.

The YMCA’s commitment to Human Rights as it relates to employment can be found in our
Human Rights in the Workplace Policy 2.S.3. The YMCA’s commitment to accessibility at the
workplace will reflect Ontario’s Accessibility in Employment Standards (to follow).

7. Responding to Complaints

In accordance with the YMCA’s commitment to diversity and human rights, the following
procedures provide a mechanism for dealing with human rights complaints.

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 Note: For accessibility-based complaints from members, supervisors should refer to the YMCA
Accessibility and Customer Service Policy. For all other complaints regarding program quality or
general service issues, supervisors should refer to the Dispute Resolution Policy in this YMCA
Operating Policies Manual.

Complaints Process

All those who are covered by this policy are encouraged to bring forward concerns or
complaints about discrimination and harassment.

Note: Nothing in this policy precludes individuals who believe they are targets of (or have
witnessed) discrimination and harassment from directly expressing to the person(s) that their
behaviour is inappropriate and must stop immediately. Many complaints can be resolved
quickly and effectively using this approach.

7.1 Members, Volunteers, Guests

The complaint process for members, volunteers, and guests is reflected in the Unresolved
Disputes procedure available in YMCA Operating Policies. The YMCA considers its Member
Etiquette Statement and By-laws when reviewing matters involving members, volunteers and
guests.

Managers handling a member or guest complaint shall speak with their vice president or senior
vice president who will ensure appropriate response to the complaint.

In situations of human rights related complaints from volunteers, managers and staff in a
supervisory role should notify the General Manager, Volunteer Development who will discuss
the matter and appropriate response with the Senior Vice President of Human Resources and
Organizational Development.

7.2 Employees

Supervisors, managers and senior managers may become aware of discrimination or

harassment in the workplace in different ways. They may observe discrimination or harassment
directly or receive a report from the individual affected or from a third party.

7.2.1 Complaints and Investigation Process

The complaint and investigation process for employee related complaints are reflected in the
Workplace Violence and Harassment Policy (2.S.2) and Human Rights in the Workplace Policy
(2.S.3).

Managers and staff in a supervisory role handling an employee complaint shall seek assistance
and advice from the Human Resources Department for support and guidance including steps for

YMCA of Greater Toronto: YMCA Operating Policies

 initial response to a complaint, and options available for resolving informal complaints or
mediated resolution if appropriate.
Formal employee complaints shall be investigated. The Human Resources Department should
be notified immediately and supplied with the employee complaint letter or other documents.
The Human Resources Department will determine in consultation with the appropriate VP or
Senior VP, the appropriate investigation and communication of the outcome.

Separation of Complainant and Respondent: When a formal employee complaint of

harassment or discrimination is made, the complainant and/or the respondent may request that
contact with the other party be discontinued while the complaint is being investigated and
decided upon. The request for separation will be decided by senior management in
consultation with Human Resources, taking into consideration the nature of the complaint, the
feasibility of the request, and YMCA operations.

Any employee who believes he or she has witnessed harassment should immediately report the
matter to his or her supervisor, their General Manager or a member of the Human Resources
Department.

If sufficient information has been furnished through a human rights or accessibility-based

complaint or disclosure, senior managers (general managers, vice presidents, senior vice
presidents) shall seek further guidance from Human Resources on available options (internal or
external if appropriate) for conducting a workplace investigation. Guidelines for investigation of
complaints are available, and senior managers may contact Human Resources for more
information.

Misuse of the Complaint Process: If there is a determination on a balance of probabilities that a

complaint has been filed in bad faith, the complaint shall be rejected and process discontinued
at any stage of the complaint or investigative process, and disciplinary action may occur.
Making a complaint in bad faith is making a malicious allegation or complaint, which may be
motivated by ulterior or personal motives.

It is against the law to retaliate against or threaten a person because they have tried to exercise
their rights under the Code, or have participated in a Human Rights Tribunal investigation.

8. Strategies to Enhance our Commitment

The YMCA of Greater Toronto is committed to an ongoing strategy for addressing human rights
and accessibility which includes:

 providing training and education to ensure that staff know their rights and responsibilities;
 monitoring for enhancements to YMCA’s commitment to human rights and accessibility;
 providing feedback mechanisms and a complaints process.

YMCA of Greater Toronto: YMCA Operating Policies

 Training and education promotes tolerance and ensures the effectiveness of this Policy. The
YMCA shall ensure that staff receive periodic diversity, anti-harassment and discrimination
training. Supervisors may contact the Human Resources Department for more information
about training resources and tools available.

Monitoring: Senior managers shall monitor programs to identify any potential barriers and
develop strategies to enhance inclusion and accessibility in consultation with their VP or Senior
VP. Managers may also wish to contact the Senior VP of Human Resources and Organizational
Development for more information.

9. YMCA Related Policies/Procedures and Reference Documents

 Human Rights in the Workplace Policy 2.S.3 - our obligation to our employees under
Ontario’s Human Rights Code
 Accessibility Policy [Link].4 – outlines the YMCA’s commitment to follow the principles and
requirements of the Accessibility for Ontarians with Disabilities Act (AODA)
 Accessibility and Customer Service Policy - [Link].5 – our obligation under AODA and Ontario
Regulation 429/07 Accessibility Standards for Customer Service
 Dispute Resolution Policy – 1.S.2 – our internal process for handling disputes involving
members, volunteers, guests, suppliers
 Member Etiquette Statement – our commitment to treat each other with respect and
dignity
 Health and Safety in the Workplace Policy – 2.S.1 – our obligation under Ontario’s
Occupational Health and Safety Act (OHSA)
 Workplace Violence and Harassment Policy – 2.S.2 – our obligation under OHSA

10. Contacts and other Resources

For more information about this policy, staff may speak with their vice president or senior vice
president, or contact the Senior VP of Human Resources and Organizational Development or
designate if an employee or volunteer matter.

The following sources provide additional information about Human Rights in Ontario:
 To view Ontario’s Human Rights Code, visit [Link]
 Information about Human Rights in Ontario including resource materials is available from
the Ontario Human Rights Commission at [Link]

YMCA of Greater Toronto: YMCA Operating Policies

Appendix A: Guidance to Staff and Volunteers on Respecting and Affirming
Gender Identity and Gender Expression

Introduction and Background:

The YMCA of Greater Toronto is committed to diversity and social inclusion and to meeting its
responsibilities under Ontario’s Human Rights Code (Code); our commitment includes challenging
specific forms of exclusion, including systemic barriers.

The purpose of this document is to guide YMCA staff and volunteers in removing potential barriers
to full participation in YMCA programs, services, and employment, based on gender identity and
gender expression. This document is a supplement to the YMCA’s existing Human Rights Policy.

A YMCA advisory committee, composed of employees who identify as gender non-binary and
gender expansive, and employees with YMCA experience supporting the 2SLGBTQ+ communities,
has been consulted in the creation of this document. We would also like to acknowledge Dr. Alex
Abramovichi for reviewing this document and providing valuable feedback on definitions and
content. The policies and practices of several organizations across the public and not-for-profit
sectors were also reviewed and are referenced in the end [Link]

Definitions

The following definitions are foundational to an understanding of gender identity and gender
expression:

Sex: the classification of people as male, female or intersex. Sex is usually assigned at birth and is
based on an assessment of a person’s reproductive systems, hormones, and chromosomes.

Gender Identity: Gender identity refers to a person’s subjective experience of their own gender. It is
a deep internal feeling of whether they identify as female, male, genderqueer, non-binary, or
anywhere along the gender spectrum. A person’s gender identity may be the same as or different
from the sex assigned to them at birth.

Gender binary: a social system whereby people are expected to either be male or female, and all
people’s gender identities are expected to correspond with the sex assigned to them at birth. The
gender binary perceives male and female roles are rigid and erases the possibility for Trans and
gender expansive people to exist.

Gender non-binary: a term used to describe individuals who do not subscribe or conform to the
gender binary. Gender non-binary is also used an umbrella term for those who do not identify
exclusively as female or male.

Gender expression: how a person publicly presents or expresses their gender identity. This can
include behaviour and outward appearance such as dress, hair, make-up, body language and voice.
A person’s chosen name and pronoun are also common ways people express their gender. Others
perceive a person’s gender through these attributes.

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 Gender expansive: an umbrella term sometimes used in place of ‘gender non-binary’ or ‘gender
non-conforming’ to describe individuals with gender identities and expressions that expand beyond
the gender binary system or normative gender expressions.

Transgender / Trans: a term used to describe people whose gender identity does not match with
the sex assigned to them at birth. Transgender is also used as an umbrella term and can encompass
those who identify as queer and gender fluid and whose gender identities challenge gender norms.
Transgender is an adjective and should never be used as a noun. For example, say “Chris is a
transgender person”, not, “Chris is a transgender”. It is never necessary to add an ‘ed’ to the end of
‘transgender’.

Transphobia: Feelings of rage, hate and disapproval toward transgender people and/or gender
expansive people. Transphobia can be manifested in numerous ways, such as verbally, emotionally
and through physical attacks.

Two-Spirit: This term is culturally specific to people of Indigenous ancestry and refers to Indigenous
Peoples who identify with both a male and a female spirit. This term is not exclusive to gender
identity, and can also refer to sexual orientation.

Required Behaviour for all Staff and Volunteers

All staff are expected to understand and adhere to the following principles and legislative requirements:

1. Under the Ontario Human Rights Code (the Code) people are protected from discrimination and
harassment because of gender identity and gender expression in employment, housing, facilities
and services, contracts, and membership in unions, trade or professional associations. The
YMCA seeks to create a climate of understanding and mutual respect within our workplace and
our programs. Discrimination and harassment based on legislated prohibited grounds of
discrimination will not be tolerated.
2. Self-identification is the sole and whole measure of a person’s gender identity or gender
expression. No person shall be asked or required to ‘prove’ their gender in order to participate
in YMCA programs and services, or access facilities.
3. Regardless of gender identity and gender expression, all volunteers, staff and participants:
- are to be treated with dignity and respect
- have the right to be open about who they are without fear of unwanted consequences
- have the right to privacy and confidentiality
4. All individuals are entitled to be referred to by the gender pronoun(s) and name of their choice.
Intentionally addressing an individual by the incorrect name or pronoun is considered to be a
form of harassment and/or discrimination. Inadvertent slips or honest mistakes are not covered
by this provision but intentional and persistent refusal to acknowledge or use the individual’s
chosen name and pronoun will be considered a violation of the YMCA’s Human Rights Policy –
[Link].1

YMCA of Greater Toronto: YMCA Operating Policies

Respectful and Affirming Practices
The following practices will help create a respectful and affirming environment and remove potential
barriers to participation, for individuals of all gender identities and gender expressions.

1. Management of gender-identity information/records

2. Privacy and Confidentiality
3. Safer and inclusive spaces
4. Minimizing gender-segregated activities
5. Training of volunteers and staff

1. Collection and management of gender-identity information and records

The YMCA uses gender identity (and other demographic information) to understand how the programs
and services we offer impact the health of different communities. Several of our program funders (i.e.
government agencies) also request this information as a reporting requirement. Our practice is to
ensure that the collection of gender information serves a legitimate purpose for the Association and
provides a clear benefit to the volunteer, staff, or member. Additionally, when requesting such
information we will provide information on why collection is important and how the information will be
used.

 Sex assigned at birth should never be requested for YMCA GTA documentation. Where required
by third parties (e.g. insurance companies, government), the YMCA will advocate for the
inclusion of gender identity.
 For collection of gender identity information (excluding YMCA Research, Customer Relationship
Management System (CRM), and funder documentation) the recommended format is:
o Please indicate your gender identity:____________
o Prefer not to answer
o Do not know
 If additional gender identity information is required, options must be diverse and inclusive (e.g.
male, female, transgender, 2-spirit, etc.) and should also include the option for people to not
identify. Managers should consult with the Diversity and Social Inclusion Department for
additional guidance.

Indicators of this practice in action:

 The YMCA does not ask for sex assigned at birth, on YMCA documents, forms, surveys or
member databases
 The YMCA continuously reviews documents, forms, surveys and member databases in order to
ensure that requests for gender information serve a legitimate purpose and include non-binary
choices and the option to not disclose.

YMCA of Greater Toronto: YMCA Operating Policies

  Where third parties require documentation that includes gender identity and/or sex, Senior
Management of the YMCA will consult and influence wherever possible to expand choices
beyond binary identifiers and advocate for the removal of sex assigned at birth.
 When selecting third party technology that uses gender identifiers, YMCA Managers works with
vendors to seek alternatives to binary options wherever possible.
 Third parties may still request identification documents to guard against identity fraud in
circumstances where an employee seeks a change in documentation to reflect their gender
identity and/or gender pronouns.

2. Maintaining Privacy and Confidentiality

The YMCA is committed to maintaining the confidentiality, privacy, and accuracy of personal
information it collects, uses and discloses about its participants, members, donors, parents/guardians,
staff and volunteers (YMCA Operating Policies - Protecting the Privacy of Personal Information Policy –
[Link].2). The YMCA will not disclose the gender identity of an individual without their consent, subject to
certain circumstances permitted by law. .

 Chosen names are to be used for internal and external communications. Gendered lists (e.g.
camp accommodations, childcare) should only be created for the purposes of safety and
supervision.
 The Association will promote a supportive environment and respect the confidentiality of any
volunteer, staff, or member who has come out as transgender or non-binary, and/or
intends to transition or is currently transitioning. Without clear and explicit permission from the
person intending to or currently transitioning, disclosure is prohibited, unless provided with
consent from the individual. If disclosure is appropriately made it must always be limited and
only go so far as what can be reasonably determined to be supportive, respectful, and
responsive to the needs of the individual.

Indicators of this practice in action:

 All staff, volunteers, members and participants are addressed by their chosen names in keeping
with our member service standards.
 All staff, volunteers, members and participants are using non-binary pronouns if provided and
instances of intentional misuse or refusal are treated as violations of the YMCA’s Human Rights
Policy.
 Gendered honorifics (e.g. Mr. Mrs., Ms. etc.) are not used in written or verbal communication.

3. Safer and Inclusive Spaces

Transgender and gender expansive individuals have a right to accommodation and may use washroom
and change room facilities that are congruent with their gender identity. The YMCA will make efforts to
ensure that all volunteers, staff, members and participants can use washrooms with safety, privacy and
dignity, regardless of their gender identity or gender expression and proactively seek opportunities to
create safe and inclusive spaces through the physical design of YMCA owned facilities, signage, and
assessment of leased facilities.

YMCA of Greater Toronto: YMCA Operating Policies

  Individuals may choose to use any accessible all-gender washroom, regardless of their reason(s)
for doing so. Inclusive signage shall be used to identify every all-gender washroom or change
facility.
 Where change facilities do not have separate privacy stalls, a safe and respectful space is to be
provided in consultation with the individual requesting the accommodation.

Indicators of this practice in action

 YMCA facility design and decisions on leased facilities include assessments of opportunities for
non-binary facilities.
 Signage on non-binary change room and washroom facilities clearly indicates either through
visual symbol and/or naming that it is an all-gendered space.
 The YMCA Human Rights Policy Statement is clearly visible at the entry/main lobby of all YMCA
owned facilities and staff at all facilities are trained in their duty to accommodate and their role
and responsibility to abide by and support the maintenance of an accessible, harassment and
discrimination-free environment.

4. Minimizing Gender Segregated Activities

The YMCA will reduce gender-segregated activities and programming to the greatest extent possible.
Activities that involve the need for overnight accommodations or gendered groupings for purposes of
safety and security, must develop solutions that are inclusive, respectful and acceptable to transgender
and gender expansive individuals and that do not impose an additional burden for the participant.

 Program activities are not structured based on gender-specific roles or pre-conceived notions of
gendered activities. Programming should be based on balancing skills or interests instead of by
the gender binary.
 Choices in clothing and general appearance respect individual gender identities and gender
expressions.

Indicators of this practice in action

 Where members/participants have requested gendered activities (e.g. women’s only fitness
class), staff apply an inclusivity lens to decision-making and design. Program descriptions,
advertisements etc. indicate that transgender and gender expansive participants are welcome.

5. Training of Volunteers and Staff

YMCA volunteers and staff will be provided with training and learning opportunities that build the
capacity of staff to understand and support all dimensions of diversity including gender identities and
gender expressions. This increased knowledge and understanding will also give staff information and
strategies to help promote positive and safe environments.

 Volunteers and staff demonstrate respectful behaviour and interactions towards individuals of
all gender identities and gender expressions and are able to protect against discrimination or
harassment at YMCA facilities.

YMCA of Greater Toronto: YMCA Operating Policies

  Volunteers and staff are aware of and comfortable using inclusive and non-gendered language
(e.g. spouse, partner)
 Transgender and gender expansive individuals feel comfortable seeking out support to discuss
their particular needs and concerns.
 Volunteers and staff respect the privacy of individuals and ensure confidentiality as it relates to
gender identity or gender expression.

Indicators of this recommended practice in action

 All YMCA staff and volunteers are trained in gender identity and gender expression.
 Transgender and gender expansive YMCA staff are involved in the design and delivery of
training.

i
Dr. Alex Abramovich is an Independent Research Scientist at the Institute for Mental Health Policy Research at
the Centre for Addiction and Mental Health (CAMH). His program of research focuses on LGBTQ2S youth
homelessness, access to mental health services and housing programs, trans health, and the ways the broader
policy issues serve to create oppressive contexts for LGBTQ2S youth. His full biography may be found at
[Link]
ii
Creating Learning Environments that Respect Diverse Sexual Orientations, Gender Identities and Gender
Expressions, Alberta Government 2016; Measuring Health Equity in TC LHIN Community Health Centres Pilot
Project, Ontario’s Community Health Centres, Mount Sinai Hospital, Toronto Central Local Health Integration
Network, 2015;Inclusion & Safe Spaces Policy for Facilities, Singing Out 2016; Creating Authentic Spaces, The 519
Space for Change; Washroom Signage Policy Organizational, The 519 Space for Change 2015; Inside HRA
Newsletter, First Reference August 2014; Gender Identity Policy, Mount Sinai Hospital June 2012; Gender Diversity
Policy, Humber College 2015

YMCA of Greater Toronto: YMCA Operating Policies