Discrimination - Based on Aging:

Question: Can a paralegal help me understand whether an employer in Ontario can lawfully treat me differently at work due to age or “youthful appearance” requirements and what my options are if I think it’s discrimination?

Answer: If you’re in Ontario and an employer is treating you differently because of age or a “youthful appearance” requirement, a Paralegal at Case in Point Paralegal Services can help you understand how the Ontario Human Rights Code protects you from employment discrimination and when an employer may argue age discrimination is a reasonable and bona fide qualification under section 24(1)(b) of the Human Rights Code (R.S.O. 1990, c. H.19)   then help you decide next steps for documenting the situation, assessing timelines, and preparing to file or respond to a complaint with the Human Rights Tribunal of Ontario. If you want clear guidance on your situation and practical next steps, call (519) 318-7843 to get started.

Youthfulness Within Employment

The Human Rights Code, R.S.O. 1990, c. H.19 provides a variety of protections from discrimination; however, in some situations, being where the discrimination is based upon a characteristic that is a genuine requirement of the employment, there is a limited exception that allows the discrimination despite the discrimination being based upon a reason usually protected by the Human Rights Code.

The Law

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 was lacking the appearance of youth.

Discrimination from employment based on age, among other characteristics, is protected per the Human Rights Code; which specifically states:

In the Ouwroulis v. New Locomotion, 2009 HRTO 1498 case, 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 section 24(1)(b) of the Human Rights Code which permits age discrimination in some circumstances.  Specifically, the exception states:

Conclusion

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.