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What is Age Discrimination in the Workplace?

In Ontario, every individual has the right to not be discriminated against when it comes to specific prohibited grounds of discrimination under the Human Rights Code. Discrimination based on age is one of the prohibited grounds that are the Human Rights Code protects against. In the workplace, age discrimination can occur in many different forms. Though it is against human rights, age discrimination is something that some employers overlook. If you feel you are being discriminated against at work based on your age, you deserve to have your rights protected.

At Soni Law Firm, we are here to help you understand and protect your rights as an employee. You deserve to be free from discrimination at work. In this post, we help you understand age discrimination and how it can show up in the workplace. We also offer tips on what you can do to protect your rights if age discrimination happens to you.
If you have questions about how you are being treated at work don’t hesitate in reaching out to the experts at Soni Law Firm, we are here to help you protect your rights and entitlements as an employee.

What Does Age Discrimination Look Like in the Workplace?

Age discrimination can take form in a variety of ways and is often sublet or even silent. Age discrimination can affect employees of any age though older employees and those just entering the workplace may be most vulnerable to aged, based discrimination.

In some instances, age-based discrimination begins at the interview stage. Employees of all ages may be dismissed as being too young or too old despite their qualifications and prior experience in their desired line of work. This type of age discrimination can be difficult to prove but is something that has been felt by many hopeful job applications, many of which may take steps to conceal their age during the interview process.

As an active employee age discrimination may look different. Age discrimination can take place in the form of an older employee not being offered the same training or opportunities as younger employees but may also appear when younger employees are not given career advancement opportunities despite being qualified. Age discrimination can be complicated and will look different for each person on a case-by-case basis.

Is It Legal to Discriminate Based on Age?

It is not legal for an employer to discriminate against an employee or potential employee based on age. Like race, colour, creed, sex, marital status or place of origin, age discrimination is protected against under the Human Rights Code. If you feel you are being discriminated against based on your age or other protected ground, you have the right to have the issue addressed.

Can I Be Let Go for Being an Older Employee?

An employer cannot fire an employee because they are older. Though some employees may feel pressured to leave their job once they have reached the age of 65, they are not required to do so. If you feel you are being pushed out of your job because of your age it is possible that you are dealing with constructive dismissal along with having your human rights breached. Your employer cannot fire you for being old. It is important to note that an employer can terminate your employment at any time and for any reason so long as it is not a reason based on discrimination. In the case of termination of employment without cause, you should know that you may be entitled to severance pay, especially if you are an older employee who has been working with the company for a long period of time.

What Can I Do If I am Being Discriminated Against Based on Age?

Age discrimination can sometimes be difficult to prove, but if you feel you are being discriminated against at work there is something you can do about it. We suggest speaking with an experienced age discrimination lawyer to help you understand your situation and assist you in taking action against your employer. Regardless of your age, you deserve to be free from discrimination in the workplace. Get in touch with one of the expert employment lawyers at Soni Law Firm today and ensure you are being treated with dignity in the workplace.

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About Post Author


Rahul founded Soni Law Firm, a boutique employment, labour, and human rights law firm, with the goal of taking his Downtown Toronto litigation experience and making it accessible to Ontario’s Main Street employees and employers.