Teachers’ discrimination complaint fails in LTD case after Human Rights Tribunal finds compliance with the ESA and cites jurisdictional limits
August 13, 2025
Two teachers have failed in their age discrimination complaint under the Ontario Human Rights Code (HRC) over a change to the eligibility criteria under their long-term disability benefits plan. The Ontario Human Rights Tribunal (Tribunal) found that the plan’s eligibility criteria complied with the Employment Standards Act, 2000 (ESA) and, as such, was outside of the jurisdiction of the Tribunal.
The teachers launched the complaint against their union in 2018, after it amended its rules to cut off members’ LTD coverage at the earlier of either the end of the month in which a member reaches age 65 or the date when the member becomes eligible for a 60% unreduced service pension. Union members qualified for a 60% unreduced service pension when the total of their age plus their years of service equaled 85.
The complainants alleged that the effect of the new eligibility rules constituted discrimination based on age because it disadvantaged them as compared to their younger colleagues, who could access LTD benefits and continue to accrue service credits.
However, the Tribunal concluded that the changes to the LTD policy fell within the exception to the discrimination protections in section 25(2.1) of the HRC, which states that the right to equal treatment with respect to employment without discrimination because of age is not infringed by an employee benefit, pension, superannuation or group insurance plan or fund that complies with the ESA.
Although the revised LTD eligibility criteria were based partly on employees’ age, the Tribunal found that they did not differentiate between employees on the basis of age. As a result, the complaint was dismissed as outside the Tribunal’s jurisdiction.
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