Discrimination doesn’t always come from bad intent—sometimes, it stems from habits and assumptions that go unchecked. This case study shows how one Ontario employer learned the high cost of informal age bias in hiring, promotions, and terminations. 

The Company and the Challenge

• Business Name: Lyncrest Advisory Group
• Industry: Financial Services 
• Location: Ottawa, Ontario
• Legal Challenge: A pattern of age discrimination in hiring, promotions, and terminations led to multiple legal risks, forcing the company to rethink its approach. 

The Situation at a Glance

A well-established financial services firm in Ottawa, Lyncrest Advisory Group, had built its reputation on experience and industry knowledge. The leadership team believed in keeping the company “fresh” and forward-thinking, but their hiring and retention practices didn’t reflect that mindset in a legal way. 

While the company never explicitly stated an age limit, its practices made it clear: 

Job applicants over 55 were dismissed early in the hiring process. Recruiters were informally told to “look for younger candidates with more energy.” 

Employees over 60 were regularly passed over for promotions. When one longtime employee, Mohammed, asked about career growth opportunities, his manager responded, “At this stage in your career, maybe you should focus on transitioning to retirement instead.” 

Terminations at 62 became routine. Older employees were let go without a clear explanation, often replaced by younger hires. 

At first, leadership assumed these practices were normal business decisions. But then, the company received two separate legal claims—one from a rejected job applicant over 55 and another from a terminated employee over 62. 

Concerned that these cases could snowball into serious legal and reputational risks, the company contacted Achkar Law for advice. 

Where Things Went Wrong

Upon review, Achkar Law identified several serious legal risks in the firm’s employment contracts:

❌ Hiring Bias

The company’s hiring records showed that no candidates over 55 had been seriously considered in over two years. Ontario’s Human Rights Code prohibits discrimination based on age in employment decisions. 

❌ Promotion Disparities

Internal data revealed that employees over 60 were never promoted to senior roles, despite strong performance reviews. This pattern indicated systemic bias, even if no one had outright stated it. 

❌ Unjustified Terminations

Internal data revealed that employees over 60 were never promoted to senior roles, despite strong performance reviews. This pattern indicated systemic bias, even if no one had outright stated it. 

What Zain thought was reasonable due diligence turned out to be a legal misstep. 

How Achkar Law Helped

Once Zain contacted us, we worked quickly to mitigate risk and improve internal practices: 

✅ Responding to Aisha’s Complaint 

We helped Zain craft a professional response, assuring Aisha that no further information would be requested and that the company was updating its leave procedures.

✅ Clarifying Legal Boundaries for Leave Requests 

We provided detailed guidance on what employers may request based on the type of leave:

• Medical Leave: Confirmation of leave, expected duration, and any required accommodations—no diagnosis needed.
• Compassionate Care Leave: Proof that the employee is caring for a critically ill relative—no personal medical details. 
• Pregnancy Leave: No medical note required unless there’s a request for accommodation or early leave.  

✅ Updating Leave Policies 

We worked with Zain to draft a compliant, easy-to-follow leave policy outlining acceptable documentation standards for each leave type.

✅ Training for Leadership and HR

We conducted a short training session for Zain and his management team to reinforce the rules around medical privacy and employer obligations under Ontario law.

Lessons for Employers

• Medical Privacy Rules Are Strict – Employers cannot request diagnoses or medical records. Only limited, relevant information may be requested. 

• Each Leave Has Different Legal Standards – Employers must understand the differences in how sick leave, compassionate care leave, and pregnancy leave are treated. 

• Privacy Violations Carry Legal Risk – Even well-meaning mistakes can lead to complaints, legal costs, and reputational damage. 

Zain thought he was protecting his business—but without realizing it, he was creating unnecessary risk. With Achkar Law’s help, his business now has clear policies, informed leadership, and a better understanding of Ontario’s evolving workplace laws. 

Are Your Leave Policies Putting You at Risk? 

If your organization is managing employee leave, it’s important to understand what you can—and cannot—ask for. Let Achkar Law help you create policies that protect your business and respect employee rights. 

This case study represents a real-world legal issue based on actual matters handled by Achkar Law. Names and certain details have been changed to protect privacy while maintaining the accuracy of the legal principles involved.