Can a Person Be Terminated From Employment Due to Age?

Discrimination Due to Age May Be An Unlawful Violation of the Human Rights Code Unless Genuinely an Occupational Requirement.
Below Is An Interesting Discussion With General Outline of What May Constitute Age Discrimination

Exotic Dancer The Human Rights Code, R.S.O. 1990, c. H.19 provides a variety of protections from discrimination; however, there are certain exceptions that allow discrimination is certain circumstances.

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 lacking the appearance of youth.

Discrimination from employment based on age is protected per s. 5(1) of the Human Rights Code; however in the case of Ouwroulis v. New Locomotion, 2009 HRTO 1498 it seems 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 s.24(1)(b) of the Human Rights Code which permits age discrimination if:

the discrimination in employment is for reasons of age, sex, record of offences or marital status if the age, sex, record of offences or marital status of the applicant is a reasonable and bona fide qualification because of the nature of the employment

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."

GBOC Paralegal Services provides Human Rights services for clients located in Orillia, Sundridge, Washago, Barrie, Huntsville, among other places!

For more information, fill out the form below to send a direct inquiry to GBOC Paralegal Services.

Provide some context to explain the nature of your inquiry.
ATTENTION: Confidential information regarding your case must not be sent through this website.  This website is not intended as providing legal advice nor intended as a method to establish a legal-representative/client relationship.  Do not include confidential details about your case by email or phone.  Use this website form only to arrange an introduction with a Goltz-Boyd Ott-Christakos Paralegal Services representative, before taking any steps to discuss the particulars of your legal case.  Legal advice cannot be provided to you via reply email or over the phone.
GBOC Paralegal Services

5 Peter Street South
Orillia, Ontario,
L3V 6K5

P: (705) 325-4262
E: gbocparalegal@outlook.com

Business Hours:

9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
9:00AM – 5:00PM
Monday:
Tuesday:
Wednesday:
Thursday:
Friday:

By appointment only.  Please call for details.







Serving:

Orillia
Barrie
Dorset
Bala
Sundridge


Washago
Muskoka
Midland
Baysville
and much more


GBOC Paralegal Services

SSL Secured Trust https://gbocparalegal.ca