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discrimination based on age

By Devry Smith Frank LLP | 4 Minutes Read December 24, 2019

Denial of employee benefits to working seniors: a charter violation

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.

Article by Devry Smith Frank LLP / Employee Relations, Employment Standards, Human Rights, Payroll / age discrimination, age discrimination claim, age-based discrimination, discrimination based on age, employment law, health benefits, insurance benefits

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read November 1, 2019

Racialized, foreign-trained lawyer discriminated against during interview

It is no surprise that racism and ageism still exist in the legal profession. An Ontario Human Rights Tribunal decision released earlier this year is a perfect example and warns employers to be careful during the hiring process.

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Human Rights, Payroll / ageism, discrimination based on age, discrimination based on race, employment law

By Christina Catenacci, BA, LLB, LLM, Ph.D. | 6 Minutes Read September 3, 2019

Federal Court of Appeal dismisses Air Canada pilots’ appeal regarding mandatory retirement at age 60

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.

Article by Christina Catenacci, BA, LLB, LLM, Ph.D. / Employee Relations, Employment Standards, Human Rights / accommodation, age discrimination, ageism, Air Canada, Air Canada pilots, bona fide occupational requirement, canadian charter of rights and freedoms, Canadian Human Rights Act, Canadian Human Rights Tribunal, discrimination based on age, employment law, mandatory retirement age, mandatory retirement practice, normal age of retirement, Pilot's Association, Vilven and Kelly

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