Human Rights And Independent Contractors In Ontario

When working with independent contractors or the self-employed, companies should be aware that the Human Rights Code protections may still apply. A recent decision of the Human Rights Tribunal reiterates the fact that discrimination and harassment can be found "with respect to employment" even in the absence of a traditional employer-employee relationship.

The decision dealt with the application of a self-employed commission salesperson who worked under the supervision of a man who was the broker of record at the brokerage firm that the saleperson worked at. The salesperson alleged that she was harassed by the supervisor, beginning at a holiday party, and following with many inappropriate comments and unwanted physical approaches the next year. She confronted him, and eventually resigned.