Human Rights Tribunal of Ontario dismisses age discrimination claim in employee benefits package change
May 03, 2023
The Human Rights Tribunal of Ontario (the “tribunal”) has dismissed a claim that the applicant’s employer discriminated against them when it changed the applicant’s benefits package after they turned 65.
The applicant alleged that changes to their short-term and long-term disability coverage, and life insurance, were discriminatory on the basis of age.
However, an adjudicator found that the tribunal did not have jurisdiction to hear the complaint, as the tribunal’s jurisdiction is limited to enforcement of the Human Rights Code. Under s. 25(2.1) of the Human Rights Code, there is an exemption to the general prohibition against differential treatment, which permits differential treatment on the basis of age in employee benefit, pension, superannuation and group insurance plans that are compliant with the province’s Employment Standards Act, 2000. Given the application of this provision, the tribunal found that the employer’s actions were not inconsistent with the Human Rights Code, and therefore fell outside of the tribunal’s jurisdiction.
Although a previous decision of the tribunal, Talos v. Grand Erie District School Board, held that these exceptions breached s.15 of the Canadian Charter of Rights and Freedoms in the context of health, and dental and life insurance benefits, the adjudicator declined to extend its application to the circumstances before her. It should be noted that in paragraph 284 of the Talos decision, the adjudicator held that “this decision does not address long term disability insurance, pension plans and superannuation funds”.
To read the full decision, click on more information below:
