Contract Work, Disability, and the Problem No One Is Talking About
- Amy Wilson
- Jun 15
- 5 min read
Updated: Jun 16
Contract work used to be the kind of thing you’d consider as a graphic designer or someone with high-value digital skills. However, with COVID-19 as a catalyst, the gig economy has exploded in recent years. An increasing number of people are working remotely, online, and for themselves.
From delivery drivers to part-time admin roles, contract work offers flexibility. For others, it’s the only option. However, when you add disability into the mix, the situation becomes a lot more complex. Protections are unclear, and discrimination is easier to hide. It may not be a problem that’s making headlines, but it’s affecting thousands of Canadians every day.
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When “Flexible Work” Isn’t Always Flexible
On paper, contract work looks incredibly attractive. You set your own hours, work from home, and choose your projects. However, for many disabled workers, contract work is a matter of necessity. Especially for people dealing with chronic illness, neurodivergence, or mobility issues. Traditional workplaces often lack accessibility, so gig work becomes the default.
However, the dark side of this format is something that many disabled workers can’t opt out of. Consistent hours, benefits, and income are rarely a feature. That instability can be especially tough if you’re already dealing with health-related costs or are trying to qualify for government support. Financial tools like payday loans for people on disability can offer some relief between predictable payments, but they’re not something to rely on regularly.
What Do the Statistics Say?
More than seven million Canadians are partaking in gig work. That’s 22% of the population, or more than one in every five people. It’s a significantly large portion of the workforce. A recent study from the Work Wellness Institute interviewed disabled gig workers. Their findings supported the notion that disabled people are drawn to this type of work. A massive 84% felt they were pushed into gig work because they couldn't find accommodating employment. And nearly half of them had experienced discrimination in the gig economy.
Lack of Protection for Contract Workers With Disabilities
Most contract workers in Canada aren’t considered employees, which means they’re not covered under employee protection policies. They also aren’t entitled to basic things like sick leave or job security. When it comes to disability, the gaps widen even further.
Provincial human rights codes, like the Ontario Human Rights Code, protect against discrimination based on disability. However, it applies explicitly to employees and union members, not independent contractors. This means enforcement isn’t straightforward when the person isn’t technically on staff. If a disabled worker feels mistreated, there’s no HR department to speak to, and no legal recourse.
The Cost of Speaking Up
Full-time employees who face discrimination at work often have many avenues to choose from. Unions, HR reps, and formal complaint procedures are fairly normal in a Canadian workplace. However, contract workers aren’t afforded the same benefits. With no guarantee of future work, speaking up may also mean risking your next gig or burning a bridge in a small industry. As a result, it simply isn’t an option most of the time. It might result in lost income, which is why many choose to remain silent, even in the face of injustice.
How Does It Work in Real Life?
Imagine you’re a contract illustrator living with chronic fatigue syndrome. Traditional employment doesn’t offer the flexibility you need, so you’re pushed into freelancing. You arrange your work at a pace that you can manage. Mid-project, a client asks you to attend weekly video meetings but refuses to add closed captioning, transcript access, or recorded versions.
You mention how accessibility is important for you to maintain consistency and accuracy, but the client isn’t supportive. You comply anyway because you don’t want to lose the project. That unpaid accommodation adds up. Missing small details can lead to stress, rework, and even burnout, but there’s no formal way to ask for the accommodation, even though it’s necessary for you to do the work well. There are no legal consequences for the client, as they don’t technically have to make any provisions, since you’re not an employee.
What Would Fairness Look Like?
This is a problem that needs to be brought into the spotlight for things to change. Realistically, human rights laws must be revised to include all workers, regardless of status. Contracting agreements should include baseline accessibility measures, like captioning for meetings or accessible document formats. Government benefit programs (like ODSP) should measure eligibility based on hours or tasks rather than employment type. This would mean freelancers or contractors with low income aren’t unfairly excluded.
Endnote
While systems like Ontario Disability Support Program (ODSP) exist to support disabled workers, they weren’t built for the freelance or gig economy. Many find themselves stuck between income limits, inconsistent eligibility, and confusing reporting rules. Disability discrimination doesn’t always show up in the most obvious ways.
It can also be hidden in the fine print, in jobs that offer no stability, and by companies that don’t accommodate because they simply don’t contractually have to. If we’re serious about equity and inclusion, it’s time to stop ignoring the issues that disabled contract workers face. They’re doing the same work, just without the usual safety nets.
Ontario's gig economy offers perceived flexibility, yet masks profound legal precarity for disabled contractors. While stripped of ESA protections (minimum wage, WSIB, benefits), they are protected by the Human Rights Code, guaranteeing anti-discrimination and accommodation rights. However, fluctuating gig income creates an "invisible disability tax" and a complex ODSP "benefits trap," eroding financial security. Urgent systemic reforms—portable benefits and clear worker classification—are crucial for true equity and protection in Ontario.
If you’ve been a victim of workplace harassment and discrimination, don't wait or there might be serious health implications to your mental and physical health.
You may want to consult with an experienced employment law firm, such as HTW Law, to learn about your employment law rights and your legal options.
With the right legal support, employees can navigate the challenges of unfair practices and work towards a more equitable and respectful work environment.
You don't have to fight the battle alone. Speaking with an employment lawyer who is familiar with the laws and regulations regarding workplace harassment and disability discrimination, and constructive dismissal will go a long way. If you are in doubt, it's essential that you reach out for help as soon as possible right away.
Click here to contact HTW Law - Employment Lawyer for assistance and legal consultation.
Author Bio:
Amy Wilson is a freelance writer and content strategist with a passion for crafting engaging stories and insightful articles. With years of experience across industries, she specializes in creating compelling content that connects with readers. When she's not writing, Amy enjoys exploring new ideas, traveling, and diving into a good book.
