Yes, unpaid interns, trainees, and co-op students are fully protected by the Ontario Human Rights Code. Even if you are not considered an “employee” under the Employment Standards Act (ESA), you have the legal right to work free from discrimination, sexual harassment, and reprisal, and can file a claim at the HRTO.
Gaining workplace experience in Ontario often involves taking on unpaid internships or university co-op placements. In major educational and tech hubs like Toronto, Waterloo, and Ottawa, thousands of students enter the workforce every semester. Unfortunately, there is a dangerous misconception among some employers that because an intern does not receive a regular pay cheque, they lack standard legal protections. This toxic belief can lead to severe workplace harassment and discrimination.
In Ontario, the law is very clear. The Ontario Human Rights Code defines “employment” much more broadly than standard labour laws. 📍 Whether you are earning $100,000 a year or simply earning high school course credits, you are legally protected from discrimination based on race, gender, disability, sexual orientation, and age. If a supervisor makes inappropriate comments or denies you training opportunities based on these protected grounds, you can hold the company accountable. A human rights lawyer can help you navigate this process without destroying your early career prospects.
Step-by-Step Guide for Interns Facing Discrimination in Ontario
Standing up to a manager when you are at the very bottom of the corporate ladder is terrifying. However, following a structured legal process is essential to protecting your rights and building a strong case.
Step 1: Document the Harassment or Discrimination
Memory fades, but written evidence lasts. Start a private log on your personal phone or computer (never on the company’s devices). 📝 Record the dates, times, locations, and exact words spoken during discriminatory incidents. Save copies of inappropriate emails, Slack messages, or texts before your internship ends and you lose access to the system.
Step 2: Report to the School Co-op Coordinator
If you are completing the internship through an Ontario college or university, report the behaviour to your placement coordinator immediately. Academic institutions have a strict legal duty to ensure their students are placed in safe environments. The school can intervene, remove you from the toxic environment without academic penalty, and blacklist the employer.
Step 3: Report Internally to HR
If you are an independent unpaid intern, review the company’s workplace harassment policy. You must give the employer a chance to fix the problem by reporting the supervisor to Human Resources. 🗣️ If HR ignores your complaint or retaliates against you (such as terminating your internship early), the company itself becomes legally liable for human rights violations.
Step 4: Filing an Application with the HRTO (Form 1)
If the internal process fails, your lawyer will help you file a Form 1 Application at the Human Rights Tribunal of Ontario (HRTO). In this legal document, you will outline the discrimination you faced as an intern and ask the tribunal for specific remedies, such as financial compensation for injury to your dignity.
Step 5: Mediation and Settlement
Before a formal hearing, the HRTO will offer a free mediation session. An HRTO mediator will try to help you and the employer reach a confidential settlement. 💰 Employers are often highly motivated to settle these cases privately to avoid a public PR disaster involving the mistreatment of unpaid students.
How Much Does it Cost to File an HRTO Claim?
For students and unpaid interns, costs are a massive concern. Fortunately, accessing the human rights system in Ontario does not require upfront government fees. As of May 2026, here is what you need to know:
| Expense Type | Estimated Cost (CAD) |
|---|---|
| HRTO Application Fee | $0. Filing Form 1 is completely free for all applicants in Ontario. |
| Human Rights Legal Clinic | $0. The Human Rights Legal Support Centre (HRLSC) provides free assistance to eligible Ontarians. |
| Private Lawyer Fees | Many employment lawyers offer a contingency fee agreement (e.g., 30% of what they win for you), so you pay no upfront hourly rates. |
How Long Does the Process Take?
You must act quickly. Under the Ontario Human Rights Code, you have a strict one-year limitation period from the date of the last discriminatory incident to file your HRTO claim. ⏰ Once filed, the HRTO process is slow. Getting to mediation typically takes 6 to 12 months. If the case does not settle and requires a full public hearing, it can easily take 2 to 3 years to receive a final decision.
Frequently Asked Questions (FAQ)
Are interns considered “employees” under the Employment Standards Act?
It depends. Under the ESA, many unpaid interns are legally required to be paid minimum wage unless they fall under specific exemptions (like a formal college co-op program). However, whether you are covered by the ESA or not, you are always protected by the Human Rights Code.
Can I get lost wages if I was an unpaid intern?
Generally, you cannot claim “lost wages” at the HRTO if the position was legitimately unpaid. However, you can claim “general damages” for the emotional distress and injury to your dignity, feelings, and self-respect, which can range from $5,000 to over $25,000 CAD.
What if they fire me for reporting sexual harassment?
Firing an intern for reporting harassment is illegal and constitutes “reprisal” under the Human Rights Code. Reprisal is a separate, serious offence, and the HRTO heavily penalizes employers who punish students for standing up for their rights.
Will filing a human rights claim ruin my future career?
It is illegal for future employers to discriminate against you for having filed a human rights claim. Furthermore, the vast majority of HRTO cases are settled during confidential mediation, meaning the details of your internship dispute will never become public record.
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