Apr 2018 Charity & NFP Law Update
On February 26, 2018, the Human Rights Tribunal of Ontario (“HRTO”) released its decision in G.M. v X Tattoo Parlour. The applicant was an unpaid intern/volunteer (the “Applicant”), who alleged discrimination with respect to employment because of sex, sexual harassment, sexual solicitation or advances, gender identity and age, contrary to the Ontario Human Rights Code (the “Code”). The discrimination was alleged to have occurred when the Applicant was a 15 year-old high school student. In its decision, the HRTO ordered the business and its owner to pay the Applicant “the sum of $75,000.00 as monetary compensation for injury to dignity, feelings and self-respect.” This decision is relevant to Ontario charities and not-for-profits, as it indicates that an employment relationship for purposes of the Code may be found to exist even in situations that would otherwise not be thought of as employment, such as with unpaid interns or volunteers. Consequently, unlawful discriminatory conduct contrary to the Code may give rise to substantial potential liability to volunteers and interns.
For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 420.