Does the Human Rights Code Protect Against Age Discrimination At Work?

Discrimination Due to Age May Be An Unlawful Violation of the Human Rights Code Unless Genuinely an Occupational Requirement.
Below Is An Interesting Discussion With General Outline of What May Constitute Age Discrimination

Exotic Dancer The Human Rights Code, R.S.O. 1990, c. H.19 provides a variety of protections from discrimination; however, there are certain exceptions that allow discrimination is certain circumstances.

An interesting case, unfortunately dismissed as abandoned prior to a decision by the Human Rights Tribunal of Ontario, thus the answer to the legal issue remains undecided, involved the termination from employment of a female exotic dancer who was deemed too "old" and lacking the appearance of youth.

Discrimination from employment based on age is protected per s. 5(1) of the Human Rights Code; however in the case of Ouwroulis v. New Locomotion, 2009 HRTO 1498 it seems the Human Rights Tribunal of Ontario was preparing to answer the question as to whether age as a factor in diminishing sex appeal was a sufficient reason for discrimination based on age.

In this case, Ms.  Ouwroulis was capable of doing the job duties without impairment by age, but was told that, "they were going in a new direction with younger girls" thus the age factor of concern related solely to appearance of youth.

Many within legal circles remain intrigued to know how this case would be decided if followed through rather than abandoned prior to a decision whereas such a decision would consider and be based upon review of the exception found at s.24(1)(b) of the Human Rights Code which permits age discrimination if:

the discrimination in employment is for reasons of age, sex, record of offences or marital status if the age, sex, record of offences or marital status of the applicant is a reasonable and bona fide qualification because of the nature of the employment

Considering how individually objective sex appeal is, it would be quite interesting to know if the Human Rights Tribunal of Ontario would have deemed age with "appearance of youth" as a "bona fide qualification due to the nature of the employment."

YLaw provides affordable Human Rights services for clients located in Toronto, Kitchener, Milton, North York, Peel Region, among other places!
Get a FREE ¼ HOUR CONSULTATION

Need Help? Let's Get Started Today

ATTENTION: Do not send any confidential information through this website form.  Use this website form only for making an introduction.

For more information, fill out the form below to send a direct inquiry to YLaw

ATTENTION: Confidential details about your case must not be sent through this website.  Use of this website does not establish a legal-representative/client relationship.  Do not include confidential details about your case by email or phone.  Use this website only for an introduction with a YLaw representative.
YLaw

180 Dundas Street West, Suite 2601
Toronto, Ontario,
M5G 1Z8

P: (437) 995-9529
E: danielenglishlegal@gmail.com

Hours of Business:

9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
Monday:
Tuesday:
Wednesday:
Thursday:
Friday:

By appointment only.  Please call for details.







YLaw. LEGAL

SSL Secured
Trust https://ylaw.legal


Animated Spinner