The growth of the gig economy has fundamentally changed how many organizations deliver services and engage workers. From rideshare platforms and delivery services to consultants, franchise operators and other independent contractors, organizations are increasingly relying on non-traditional working relationships that fall outside the conventional employer-employee model.
In Sangha v. Lyft Canada Inc. (Sangha), the Human Rights Tribunal of Ontario (the “HRTO” or the “Tribunal”) considered whether a rideshare driver’s allegation of creed-based discrimination could proceed under the employment provisions of the Ontario Human Rights Code (the “Code”). Following a trilogy of decisions, the Tribunal ultimately concluded that the matter had been improperly dismissed for lack of jurisdiction and that the analysis of whether the allegations arose “with respect to employment” ended prematurely once it was determined that the applicant was not an employee in the conventional sense. The Tribunal emphasized that independent contractor status does not automatically place a worker outside the scope of section 5 of the Code.
While the decision does not determine that rideshare drivers are employees, nor does it find that discrimination occurred on the merits, it serves as an important reminder that human rights protections may extend beyond traditional employment relationships. Organizations that engage independent contractors, platform workers and other non-traditional workers should be...
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