In a decision dated August 9, 2019, the Federal Court of Appeal dismissed an appeal made by Air Canada pilots regarding their age discrimination claim.
Canadian human rights law also imposes a duty to accommodate. This requires employers to ensure that persons with characteristics protected under the Code are not unfairly excluded where working conditions can be adjusted.
Many employers requesting personal information related to criminal, credit or medical circumstances may consider the requests to be legitimate in creating or maintaining the working relationship. However, they should be careful what they wish for.