Issues of Ageism: Human Rights Code Violations

Question: What constitutes age discrimination under Ontario’s Human Rights Code?

Answer: The Human Rights Code, R.S.O. 1990, c. H.19 defines age discrimination as treating someone unfairly due to age in areas such as services, housing, employment, contracts, and vocational associations. Examples include denying gym access based solely on age, refusing apartment rentals to older individuals, and unjustly terminating older employees. For assistance navigating age discrimination issues, Vescio Legal Services offers tailored legal support and a free consultation.

Understanding Age Discrimination

Age discrimination is a pressing social concern across various areas integral to daily life.  The Human Rights Code, R.S.O. 1990, c. H.19, prohibits age discrimination in the specific areas of services, accommodations, employment, contractual relationships, and vocational associations.  Recognizing the scope of the rights of all persons to experience freedom from age discrimination is essential for addressing and effectively navigating the applicable legal concerns.  Here are five examples of age discrimination contrary to the Human Rights Code, as categorized under its protected areas:

Services

A fitness centre refuses to allow individuals over age sixty-five to sign up for a standard membership and instead requires persons over age sixty-five to purchase a "senior plan" with restricted access to certain equipment and classes.  The gym justifies this by claiming that older members are "more likely to get injured" despite the lack of any individualized assessment.  This differential treatment constitutes as age discrimination in services.

Accommodations

A landlord refuses to rent an apartment to a 70-year-old applicant, stating that they "only rent to younger tenants" because they want to avoid future accessibility modifications.  This exclusion based upon age constitutes as discrimination within housing accommodations.

Employment

A 58-year-old employee is laid off despite strong performance, while younger colleagues with less experience remain employed.  The employer makes comments about "bringing in fresh energy" and "keeping up with technology." This unfair treatment violates the Human Rights Code protections against age discrimination in employment.

Contracts

A 62-year-old entrepreneur applies for a business loan, but the lender refuses to approve the application solely because of age, stating that "older borrowers are too close to retirement" and are "less likely to complete long-term business ventures."  The denial is based upon age rather than based upon financial risk or business viability, constituting discrimination in contractual relationships.

Vocational Associations

A professional association denies membership renewal to a 65-year-old skilled tradesperson, stating that "members over 60 should consider retirement" despite the individual being fully capable of continuing work.  This arbitrary restriction amounts to age discrimination in a vocational association.

Conclusion

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