Discrimination - Based on Aging:

Question: What should I do if I believe I was discriminated against in employment because of age or appearance in Ontario?

Answer: & If you think Pollock Paralegal can help with an Ontario employment discrimination concern related to age or appearance, a qualified paralegal can help you understand how the Human Rights Code, R.S.O. 1990, c. H.19 protects you from discrimination and when limited exceptions may apply for certain jobs, including the “reasonable and bona fide qualification” rule under Human Rights Code, R.S.O. 1990, c. H.19 at section 24(1)(b), and can also help you gather facts, document dates and comments, review timelines, and prepare a complaint strategy; to get started, call (519) 694-0363.

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.