Discrimination
Based Upon Aging May Violate Human Rights Protections
What Is the Law Regarding Age Discrimination Against Workers?
If age discrimination is not a legitimate occupational requirement, it may be an unlawful violation of the Human Rights Code.
Realizing That Age-Related Employment Terminations May Be DiscriminatoryThe Human Rights Code being broken
Numerous safeguards against discrimination are offered by the Human Rights Code, R.S.O. 1990, c. H.19; yet, in certain circumstances, being the basis for the discriminating There is a narrow
exception that permits discrimination based on a trait that is a legitimate need of the job, even while the prejudice is motivated by a factor that is typically covered by the Human Rights Code.
The Law
An intriguing case involving the dismissal from employment of a female exotic dancer who was judged to be too old and to lack the appearance of youth was regrettably dismissed as abandoned prior to a decision by the Human Rights Tribunal of Ontario, meaning the resolution of the legal dispute is still pending.
The Human Rights Code prohibits discrimination in the workplace on the basis of age and other factors. It says as follows:
Workplace
5 (1) Because of their race, ancestry, place of origin, color, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, criminal history, marital status, family status, or disability, every individual has the right to equal treatment in the workplace without discrimination.
The Human Rights Tribunal of Ontario was getting ready to respond to the case of Ouwroulis v. New Locomotion, 2009 HRTO 1498, which concerned whether age as a factor in reducing sex appeal was a good enough justification for age discrimination.
It was stated that “they were going in a new direction with younger girls” in this instance, therefore the age element of concern was limited to Ms. Ouwroulis’s youthful appearance even though she was capable of doing the work tasks without being hindered by her age.
A lot of people in the legal community are still curious in how this issue would be resolved if it were to be pursued instead of being dropped before a decision was made. In such scenario, the exemption found under section 24(1)(b) would be taken into consideration.
unique employment
24 (1) The right to equal treatment in employment under section 5 is not violated where,
(b) if the applicant’s age, sex, criminal history, or marital status constitutes a legitimate and reasonable qualification due to the nature of the job, the discrimination in employment is based on these factors;
Summary Comment
It would be fascinating to know if the Human Rights Tribunal of Ontario would have considered age with a youthful appearance to be a bona fide requirement because of the nature of the employment, given how personally objective sex appeal is.
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