No More Mandatory Retirement
An article By Cecil Norman, MA
The Human Rights Code reflects that, “it is public policy
in Ontario to recognize the dignity and worth of every person and
to provide for equal rights and opportunities without discrimination.”
The main objective of the Code is “the creation of a climate
of understanding and mutual respect for the dignity and worth of
each person so that each person feels a part of the community and
able to contribute fully to the development and well-being of the
community and the Province.”
Anyone over the age of 18 years is protected under the Code against
discrimination in employment because of age. Ontario employers are
required by law not to make employment decisions such as selection,
recruiting, hiring, promotion, training or termination on the basis
of age.
The Ontario Human Rights Commission administers the Code. The functions
of the Commission are to promote and advance respect for human rights
in Ontario and to identify and promote the elimination of systemic
discriminatory practices that infringe rights under the Code.
Before December 12, 2006, the Code did not provide any protection
for persons 65 years of age or older. Now, the Code prohibits age
discrimination in employment against persons aged 65 or older. Mandatory
Retirement is now against the law in Ontario.
Persons 65 years and older who believe that they have been subjected
to differential treatment because of age (directly, indirectly,
constructively or systemically) through mandatory retirement policies
may file a complaint on the basis of age under the Code.
Employers need to know that they can have retirement programs based
on a certain age, as a bona fide occupational requirement despite
the end of mandatory retirement, as long as such programs are voluntary.
Cecil Norman holds a Masters Degree in Conflict Resolution and specializes
in human rights in the workplace. He has been working with companies
for harassment-free work environment since 1995. His column on Conflict
Matters appears monthly. You may reach him directly at his practice,
Human Rights Advisory Services (HRAS)
Email: cnorman@hras.ca
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