Age Discrimination at Work in British Columbia

"Age discrimination is only illegal if it is obvious"

Reality

Age discrimination is often subtle and still unlawful. Employers rarely say outright that someone is too old. It usually shows up as a pattern of conduct that, taken together, reveals age is influencing decisions:

• Being passed over for promotions in favour of younger employees
• Being excluded from training or development opportunities
• Assumptions about your ability to learn new technology or adapt to change
• A gradual reduction in responsibilities without explanation
• Being sidelined in meetings or left off key projects

Under the test the Supreme Court set out in Moore v. British Columbia (Education), you do not have to prove age was the only or even the main reason. You need only show your age was a factor in the adverse treatment. A documented pattern is often enough to support a complaint without any single obvious incident.

"Employers can make you retire at a certain age"

Reality

Mandatory retirement was abolished in British Columbia effective January 1, 2008, when the Code's definition of age changed from "19 to 64" to "19 or more." There is no default retirement age in BC, and age alone is never a lawful reason to end employment. Any policy requiring retirement at a set age, such as 65, is discriminatory on its face unless the employer can meet a very high threshold.

That threshold is the bona fide occupational requirement defence from the BC-origin Supreme Court decision in Meiorin, and it is difficult to satisfy outside genuinely safety-sensitive roles. Pressure to retire does not have to be explicit either. In Nelson v. Goodberry Restaurant Group, the BC Human Rights Tribunal found age discrimination where an older worker was treated as expendable based on age-based assumptions rather than performance. For a fuller treatment, see our guide to retirement age in British Columbia.

"If I was laid off, it cannot be age discrimination"

Reality

Layoffs can still be discriminatory. If older employees are disproportionately targeted in a restructuring, or if the selection does not line up with performance or legitimate business needs, age may be a factor. What is presented as an economic decision can, in some cases, mask age-based discrimination.

In these situations, what looks like a layoff may also be a wrongful dismissal, or a way to avoid paying proper severance. Because BC courts recognize that older workers can face greater difficulty finding comparable work, age tends to increase reasonable notice, and an age-based termination can give rise to both wrongful dismissal damages and human rights compensation at the same time.

"There is nothing I can do if it is not written down"

Reality

Most discrimination cases do not turn on a single damning document. What matters is the pattern. You do not need an email that mentions your age. Complaints are assessed on the overall picture, including consistent patterns of treatment, comparisons with how younger employees are treated, and sudden unexplained changes in how you are managed.

Documenting what is happening, including dates, what was said, who was present, and any changes to your role, can significantly strengthen your position. Start keeping records now, even if you are not yet sure whether you have a claim.

"Filing a complaint will make things worse"

Reality

The BC Human Rights Code protects employees from retaliation for raising concerns about discrimination. An employer cannot demote you, cut your hours, discipline you, or terminate you because you asserted your rights. If it does, that retaliation is a separate contravention of the Code.

Waiting, on the other hand, often makes things worse. Discrimination tends to escalate when it goes unchallenged. Acting early can stop the behaviour, protect your role, preserve your options, and strengthen your position if the matter proceeds to the BC Human Rights Tribunal.