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News and Discussions on Payroll, HR & Employment Law

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discrimination based on age

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.


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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.


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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.


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Employer’s duty to investigate under the “Code”

Nelson v. Lakehead University is a noteworthy decision from the Human Rights Tribunal of Ontario as it articulates the complexity of any human rights matter before the Tribunal, and further underscores the employer’s duty to investigate.


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Termination of benefits for employees over 65

The number of workers over the age of 65 has risen significantly in recent years. The increasing number of older employees who are choosing to remain in the workplace, combined with the (near) elimination of mandatory retirement, has raised many considerations that employers have not previously addressed.


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Is the appearance of ‘youth’ a bona fide occupational qualification?

Kimberly Ouwroulis filed a Human Rights complaint alleging discrimination based on her age. The complaint was filed after she was terminated from her job as an exotic dancer at a strip club, allegedly, for being too old. As a highly publicized case, experts quickly asked the question whether or not age, for an exotic dancer, is a BFOQ?


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Human Rights Tribunal dismisses seven allegations of age discrimination

Since Ontario eliminated mandatory retirement back in 2006, age has become one of the most often cited ground for discrimination in human rights case law. In Zholudev v. EMC Corporation of Canada, 2012 HRTO 626, the Ontario Human Rights Tribunal scrutinized an employee’s allegations of age discrimination in the context of the employer’s promotion and termination practices.


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The Air Canada pilots’ mandatory retirement saga – will it end with the tribunal’s third decision?

In July, the Canadian Human Rights Tribunal made its third decision in the case of two Air Canada pilots who challenged the airline’s mandatory retirement policy. The tribunal decided in favour of Air Canada. Then, in August, the tribunal decided in a similar case involving 70 other Air Canada pilots. The tribunal again decided in favour of the airline, but for different reasons. For those hoping the July decision would settle the matter once and for all, the August decision is sure to confuse matters.


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Quebec’s age-based workers’ compensation rule is discriminatory

A Quebec workers’ compensation tribunal has ruled that reducing injured workers’ income replacement benefits at the retirement age of 65 is unconstitutional because it discriminates on the basis of age, contrary to both the Quebec Charter of Human Rights and Freedoms (section 10) and the Canadian Charter of Rights and Freedoms (section 15).


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Air Canada pilots must be reinstated after forced retirement

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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Mandatory retirement still a working issue for employers

A brief analysis of Nilsson v. UPEI, one of the most recent cases on mandatory retirement and human rights discrimination based on age.


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