On May 18, 2018, the Human Rights Tribunal of Ontario rendered its decision with respect to the issue of whether s. 25(2.1) of the Human Rights Code, when read alongside s. 44 of the Employment Standards Act, 2000, permitted employers to terminate benefits for employees when they turned 65. In Talos v. Grand Erie District School Board, the Tribunal found that such a termination violated s. 15 of the Canadian Charter of Rights and Freedoms, because it was a form of age discrimination.
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.