On March 18, 2025, the Government of Manitoba introduced Bill 43, The Human Rights Code Amendment Act, which proposes to amend The Human Rights Code (the "Code") to include "gender expression" as a protected characteristic.
The Code prohibits discrimination in employment, services and housing on the basis of various protected characteristics, such as age, disability and religion.
"Gender expression" is not defined in the Code or Bill 43. However, gender expression has generally been defined as the way a person presents and communicates gender. Adding "gender expression" as a protected characteristic would include protections for people to be called by their preferred pronouns and prohibit the discriminatory misgendering of individuals.
If Bill 43 passes, employers will be required to use an employee's preferred pronouns. As well, employers will need to take reasonable steps to ensure that their employees use the preferred pronouns of their co-workers and customers, or risk a human rights complaint.
"Sex," "gender identity" and "sexual orientation" are currently protected characteristics under the Code. The potential addition of "gender expression" does not impact an employer's obligation not to discriminate on the basis of these other protected characteristics.
Bill 43 progressed to second reading on April 17, 2025. If passed, it will become effective on the date that it receives royal assent. Employers should monitor the status of this Bill to ensure that their policies and procedures remain up-to-date.
MLT Aikins will continue to follow the progress of Bill 43 as it makes its way through the Legislature. In the meantime, if you have questions about what this potential amendment means to your organization, employers are encouraged to contact a member of our labour and employment group.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
