The Code is important legislation for all employees in Ontario as it protects individuals while they are employed but also upon their termination. This often leads to two distinct types of discrimination: intentional discrimination which is less common and unintentional discrimination which may result from a corporate policy or decision that seems to treat all employees the same but has unjustified negative impacts on individuals that are protected by the Code.

One incorrect assumption that both employers and employees make is that there is a mandatory retirement age of 65. There is no law that states that an employer can legally terminate or force retirement upon an employee once they turn 65. If you are an employee who recently turned 65 and have been impacted by a policy of mandatory retirement or feel as though you have been terminated because of your age, you may have a human rights complaint on your hands.

Turning 65 is not a barrier for workers in Ontario to continue working at a job that they are able to adequately perform. However, if there is evidence that age is a relevant criterion for properly performing the required daily duties, a worker can be justifiably terminated if there is evidence that plainly illustrates that elderly individuals cannot complete their duties effectively. If you believe you have been terminated because of your age and you believe you are still capable of performing your duties, speak to an employment lawyer to ensure that your termination did not violate the Ontario Human Rights Code.

This blog is for educational and informational purposes only and does not constitute legal advice. Results of cases described on this website may not be typical and are not guaranteed. The accuracy of the blog posts is not guaranteed. Contacting Langer Law or using this website does not create a lawyer-client relationship.

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