Workplace discrimination remains a serious concern, and age-related bias continues to affect employees across Ontario. As workers get older, they may experience unfair treatment in hiring, promotions, layoffs, or day-to-day workplace interactions.

However, Ontario’s employment laws prohibit age discrimination, ensuring workplaces remain fair and inclusive. Understanding your rights as an employee is essential to protecting your career and taking action when necessary.

Here are three critical facts about age discrimination in Ontario workplaces and what you can do if you experience it.

1. Age Discrimination Is Illegal Under Ontario Law

In Ontario, the Ontario Human Rights Code (the Code) makes it illegal for employers to discriminate against employees based on age. This applies to all aspects of employment, including:

• Hiring, promotions, and training opportunities
• Compensation and job assignments
• Terminations and layoffs

Additionally, mandatory retirement policies are generally prohibited, except in rare cases where age is a bona fide occupational requirement (such as physically demanding jobs involving safety concerns).

What This Means for Employees

• Employers cannot refuse to hire or promote someone due to their age.
• Older workers cannot be pressured into retirement.
• Employees facing age discrimination can file a complaint with the Human Rights Tribunal of Ontario (HRTO) for legal remedies.

Legal Precedent: In Talos v. Grand Erie District School Board (2018), the Human Rights Tribunal of Ontario ruled that denying workplace benefits to employees aged 65 and older was discriminatory and violated the Canadian Charter of Rights and Freedoms. This case reinforced that employment practices disadvantaging workers based on age can be legally challenged under human rights laws.

2. Subtle Forms of Age Discrimination Are Still Illegal

Age discrimination isn’t always obvious. While direct bias—such as a job posting stating “candidates under 40 preferred”—violates the law, subtle discrimination can also be illegal.

For example, if an employer assumes an older worker lacks technological skills and excludes them from training opportunities without assessing their abilities, it could constitute age discrimination.

Signs of Subtle Age Discrimination

• Limited Career Growth: Being passed over for promotions despite strong performance.
• Negative Stereotypes: Comments suggesting older workers are slow, resistant to change, or struggle with technology.
• Targeted Layoffs: Older employees disproportionately lose their jobs without valid performance-based reasons.

What You Can Do: If you notice these signs, document instances of discrimination and seek legal advice to determine your options.

3. Employees Have Legal Options If They Experience Age Discrimination

If you believe you’ve been discriminated against due to your age, you have several legal avenues in Ontario:

File a Human Rights Complaint

• Employees can file a complaint with the Human Rights Tribunal of Ontario (HRTO).
• Remedies may include compensation for lost wages, damages for emotional distress, or reinstatement.

Challenge Unfair Workplace Practices

• Request written clarification on hiring, promotion, and layoff policies to ensure fairness.
• Raise concerns internally with HR or management if policies appear discriminatory.

Seek Legal Advice

• Consulting with an employment lawyer can help determine whether you have a case and guide you through the legal process.
• Employers found guilty of age discrimination may face financial penalties, legal orders to change policies, and reputational damage.

Take Action: Protect Your Workplace Rights

Age discrimination can impact careers, financial stability, and mental well-being. In Ontario, employees are protected under the Ontario Human Rights Code and have the right to a fair and unbiased workplace.

If you’ve faced age discrimination at work, taking legal action can help protect your rights.

For tailored legal advice on workplace discrimination matters, contact our team today. Let’s work together to ensure fair and inclusive workplaces across Ontario.

Call toll-free: 1-800-771-7882 | Email: [email protected]