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Posts Tagged ‘age discrimination’

Mandatory retirement ends for federally regulated employers

Monday, January 16th, 2012

The federal government gave royal assent to Bill C-13, Keeping Canada’s Economy and Jobs Growing Act on December 15, 2011. Several of the measures enacted have an impact on employment law for federally regulated workplaces. One of the measures amends the Canadian Human Rights Act to eliminate the mandatory retirement age for federally regulated employees.

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Tags: age, age discrimination, age-based job requirement or qualification, anti-harassment and anti-discrimination policies, BFOR, Bill C-13 Keeping Canada’s Economy and Jobs Growing Act, bona fide occupational requirement, Canadian Human Rights Act, duty to accommodate, employment law, federally regulated employers, mandatory retirement, The normal age for retirement in Canada is 65, The Supreme Court of Canada, workplace policies
Posted in Employee Relations, Employment Standards, Human Resources, Human Rights | Make a Comment »

No age discrimination present – job applicant was simply outperformed in interviews

Friday, January 13th, 2012

I read a case recently that clearly illustrates why employers should ensure that interview questions are related to the actual job responsibilities required for a job, and to remember to make and keep for a reasonable period of time interview notes that include the reasons for hiring (and not hiring) candidates.

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Tags: age discrimination, conducting interviews, documentation, employment law, genuine belief, interview, job applicant, job applicants, job responsibilities, justifiable reasons, Ontario Human Rights Tribunal, outperformed, permanent contract posision, reference, selection process, teacher, testimony, tie questions to job, witness
Posted in Human Resources, Human Rights, Recruiting and Hiring | Make a Comment »

Mandatory retirement has been eliminated − is anyone listening?

Thursday, September 22nd, 2011

Old habits die hard. The Human Resources industry is obviously having a hard time abandoning the notion that 65 is the accepted age for retirement. Since amendments to the Ontario Human Rights Code in 2006, employers are prohibited from discriminating against employees based solely on age. Prima facie compelling retirement at age 65 is a breach of the Code.

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Tags: 65 is the accepted age for retirement, age, age discrimination, bona fide occupational requirement, discrimination, employment law, human rights code, Human rights complaint, human rights tribunal, mandatory retirement, retirement at age 65, Workplace policy
Posted in Employee Relations, Human Resources, Human Rights | Make a Comment »

Air Canada pilots must be reinstated after forced retirement

Wednesday, November 10th, 2010

The Canadian Human Rights Tribunal has ordered Air Canada to reinstate two pilots, aged 65 and 67, who were forced to retire at age 60.

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Tags: age discrimination, Air Canada, Air Canada pilots, canadian employment law, Canadian Human Rights Act, Canadian Human Rights Tribunal, Charter, collective agreement, discrimination, discrimination based on age, employment law, Federal Court of Canada, forced retirement, mandatory retirement, mandatory retirement provisions, reinstatement
Posted in Human Resources, Human Rights, Union Relations | Make a Comment »

An aging workforce: the legal issues (Part I)

Monday, January 25th, 2010

The impact of the aging workforce is being felt globally in the economy and is directly affecting businesses. Unprecedented issues have arisen, such as labour shortages, greater health care needs for the elderly, and decreased private and public investments with fewer people contributing as the baby boom generation retires. In addition, the issues of older workers and eldercare have come to the forefront as demographic trends continue to show declining fertility rates and a steady increase in life expectancy.

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Tags: age discrimination, age discrimination claim, age discrimination complaint, aging workforce, bona fide requirement, canadian employment law, canadian human rights law, downsizing, employment discrimination, employment law, human rights law, human rights legislation, selection process
Posted in Human Resources, Human Rights | Make a Comment »

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