In Ontario, every individual has the right not to be discriminated against when it comes to specific prohibited grounds of discrimination covered under the Ontario Human Rights Code. Discrimination based on age is one of the prohibited grounds that the Human Rights Code protects. If you feel that you are being discriminated against at work based on your age, you deserve to have your rights protected.

What does age discrimination look like in the workplace?

The Ontario Human Rights Code protects people from discrimination under the ground of “age”, which is defined as 18 years or older. In the employment context specifically, age discrimination refers to situations where an employer treats an employee differently because of their age.

It can take form in a variety of ways and is often subtle or even silent and indirect. It can occur anytime an employee is unfairly distinguished because of his/her age, and does not need to be overt or plain and obvious in order to constitute discrimination.

This unfair treatment can be a one-time, random act, or a result of a rule or policy based on age. Some examples can include:

  1. Sometimes age-based discrimination begins at the interview stage. Employees of all ages may be dismissed as being too young or old despite their qualifications and prior experience. In this case it is difficult to prove discrimination but it is something that has been experienced by many.
  2. Age discrimination can also be experienced by an active employee as well. It can take place in the form of an older employee being denied the same training or opportunities as younger employees but may also appear when younger employees are not given career advancement opportunities despite being qualified.
  3. An employer may want to maintain a certain culture that is more prevalent among younger generations, thereby denying employment to senior applicant in the process. In this case employer’s intent may have been innocent; the consequence is that an older job applicant has been unfairly denied employment for no reason other than his/ her date of birth.
  4. Mandatory retirement after a certain age is illegal.

 

What to do if you are discriminated based on age?

If you are discriminated at your workplace on the basis of your age we suggest you to speak with an experienced age discrimination lawyer to help you understand your situation and provide you with the legal assistance you need. Regardless of your age, you deserve to be free from discrimination in the workplace. For employees working for a provincially regulated employer, a discrimination complaint can be made to the Human Rights Tribunal of Ontario and for employees who work for a federally regulated employer, a discrimination complaint can be made to the Canadian Human Rights Commission.

Contact Us 

If you are an employer facing a human right claim, or an employee who believes you’ve been discriminated against in the workplace, our team of experienced workplace lawyers at Achkar Law can help. Contact us by phone toll-free at  +1 (866) 508-2548  or email us at info@achkarlaw.com and we would be happy to assist.

If you are a small or medium-sized company looking for full-service support with same day response, visit our CLO Program page for our strategic solutions.

 

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