AGE DISCRIMINATION AT WORK[i]
British
Columbia’s Human Rights Code protects people 19 and over from being treated
differently and poorly because of their age. We all have a duty to respect each
other’s human rights. The B.C. Human Rights Code (The Code) is an important law
that protects people from discrimination, including harassment. The Code allows
a person or group to file a complaint with the BC Human Rights Tribunal if they believe they
have been discriminated against or
harassed, and protects them from retaliation if they make a complaint.
An
employer cannot make age an issue or advertise for a certain age when hiring.
An ad must not say, “only mature people need apply” or “young people wanted.”
An employer
cannot
refuse an older applicant because “...the job requires a lot of energy and
enthusiasm and the company is looking for someone with career potential. “When
hiring, an employer can ask someone if they are legal working age, but cannot
ask anything that could reveal age. After hiring, an employer might
legitimately need to know the employee’s age for a purpose like enrolment in a
pension or benefits plan.
As
of Jan. 1, 2008, mandatory retirement, with some exceptions, is no longer
allowed in British Columbia. The choice about when to retire is up to the
employee. Early retirement benefits can be offered to all employees as an
incentive
to retire, but an employee cannot be forced to retire.
Situations
where age distinctions are allowed in employment:
Jobs with
Age Limits
There
may be some jobs with age limits because of the duties or needs of work or
because of safety issues or dangers. These true demands of a job are called
bona fideoccupational
requirements. The employer must be able to show that the reasons for the age
limits are acceptable under the Code.