In Ontario, both the temporary staffing agency and the client employer share “joint liability” under the Human Rights Code. If you face discrimination or harassment on a placement, you can sue both companies at the HRTO. General damages for human rights breaches typically range from $10,000 to $35,000 CAD.
Temporary workers are some of the most vulnerable individuals in the Ontario labour market. Whether you are assigned to a manufacturing plant in Brampton, a logistics warehouse in Mississauga, or an administrative office in London, temp workers frequently face a toxic dynamic. If you experience racial discrimination, sexual harassment, or disability discrimination, complaining often results in your shifts simply “drying up.”
A common tactic is for the client company to blame the temp agency, while the temp agency claims they have no control over the client’s warehouse. The Ontario Human Rights Code cuts through this finger-pointing. The law views both entities as your “employer,” meaning they are jointly responsible for maintaining a harassment-free environment. You do not have to choose who to hold accountable; you can hold them both. 🔒
Step-by-Step Process in Ontario
If you are a temp agency worker facing discrimination, navigating two separate HR departments can feel impossible. Here is the strategic legal process to protect your rights and seek financial compensation under Ontario law.
Step 1: Understand Joint Liability
The Human Rights Tribunal of Ontario (HRTO) has repeatedly ruled that a temp agency cannot turn a blind eye to a toxic client site, and a client site cannot claim a temp worker “isn’t their real employee.” Once both companies are made aware of the discrimination, they share a legal duty to investigate and protect you. If they fail, they share the financial liability. 🔍
Step 2: Report to Both Parties Simultaneously
This is the most critical step. You must send a written complaint (via email) to the onsite supervisor at the client company AND to your recruiter or HR contact at the temp agency. Detail the exact nature of the discrimination (e.g., racist comments, sexual advances). This proves that both corporate entities had formal knowledge of the human rights breach.
Step 3: Document the Retaliation (Reprisal)
In the temp world, retaliation rarely looks like a formal firing. Instead, the client company quietly tells the agency “not to send you back,” and the agency suddenly stops offering you shifts. Under the OHRC, this is known as reprisal. Keep screenshots of text messages where the agency suddenly claims “there is no work available” right after you filed a harassment complaint. 📱
Step 4: Consult a Human Rights Lawyer
Before signing any severance papers from the agency, consult an employment lawyer. A lawyer will evaluate the severity of the harassment and the extent of your lost wages. They will also help you determine the total financial liability of both massive corporations, putting you in a strong negotiating position.
Step 5: File the HRTO Application
Your legal team will file a Form 1 Application with the HRTO. Crucially, they will name BOTH the staffing agency and the client company as “Corporate Respondents.” This forces both companies’ legal teams to answer for the discrimination, and often leads to the two companies pressuring each other to settle the matter quickly to avoid a public hearing. ⚔️
How Much Does it Cost in Ontario?
Pursuing justice against two corporations can seem intimidating, but the human rights system is designed to be accessible. Many lawyers offer contingency fee agreements for strong cases. Here are the expected costs in 2026: 💵
| Expense Type | Estimated Cost (CAD) |
|---|---|
| HRTO Filing Fee | $0 |
| Lawyer Consultation | $300 – $450 |
| Contingency Legal Fees | 25% – 35% of total settlement |
How Long Does the Process Take?
Filing a claim involving multiple corporate respondents adds administrative time. Once the application is filed, it can take 8 to 12 months for the HRTO to schedule a mediation session where a settlement is usually reached. If mediation fails, securing a date for a full Tribunal hearing can take an additional 1.5 to 2.5 years.
Frequently Asked Questions (FAQ)
What if the temp agency says they didn’t know about the harassment?
An agency cannot be held liable if they genuinely did not know. However, the moment you report it to them, they have an absolute legal duty to investigate. If their response is simply to reassign you and ignore the harasser, they have failed their duty and become liable.
Can the client company just ask the agency for a different worker?
A client company can end a temp assignment for legitimate business reasons (e.g., the project ended, or poor performance). However, if they “cancel” your assignment specifically because you asked for a religious accommodation or reported harassment, it is illegal discrimination.
Who pays the settlement if I win?
In cases of joint liability, the HRTO can order both companies to pay the damages. Typically, the lawyers for the temp agency and the client company will negotiate behind closed doors to decide how they will split the cost of your settlement cheque.
Does WSIB handle workplace harassment?
The Workplace Safety and Insurance Board (WSIB) only covers “chronic mental stress” resulting from severe workplace harassment, focusing purely on medical benefits and lost wages. WSIB does not award damages for “injury to dignity and feelings”-that is exclusively the role of the HRTO.
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