By: Stephanie McDonald and Baljinder (Bal) Singh Tiwana
Despite an aging workforce, many older workers in Ontario still face damaging stereotypes, outdated myths, and biased assumptions about aging. Age discrimination—though often subtle—continues to persist, violating the Ontario Human Rights Code (the Code), creating lasting economic, psychological, and social harm.
This blog breaks down what age discrimination looks like, how to spot it in your workplace, what your legal rights are, and what to do if you face pressure to retire early.
What Is Age Discrimination Under the Ontario Human Rights Code?
The Ontario Human Rights Code protects your right to equal treatment in employment, free from discrimination based on age. Specifically, the Code prohibits discriminatory practices against anyone aged 18 or older in the workplace.
Managers and coworkers often express discrimination through small, cumulative actions that single out older workers.
What Does Age Discrimination Look Like in the Workplace?
Below are some real-world examples of subtle age discrimination:
- Favouritism toward younger employees (e.g., more training, better tools, or more staff support)
- Greater scrutiny of older workers, while younger employees are treated with leniency
- Harsher disciplinary actions against older employees through unfair performance metrics
- Social exclusion, such as being left out of work-related events or team activities
- Being passed over for promotions or training opportunities
- Unfair increases in workload or unreasonable performance expectations
- Greater workplace hostility or tension
- Undue pressure to accept an “early retirement package”
Caution— Beware of Early Retirement Traps
Some employers offer “early retirement packages” disguised as generous exit options. But these packages may be low-ball offers, designed to push older workers out.
If you feel pressured to accept one—especially under threat or subtle coercion—it could be a form of age discrimination.
Never feel obligated to accept an early retirement offer! Always consult a legal expert before making any decisions.
Is There Such a Thing as Mandatory Retirement in Ontario?
In most cases, no. Employers in Ontario cannot force you to retire based on age—unless they can prove a bona fide occupational requirement (BFOR).
To meet the BFOR threshold, an employer must show that the retirement policy is:
- Reasonably necessary to perform the job duties; and
- Based on a legitimate safety or operational concerns (e.g., for firefighters or pilots).
Or;
- Part of a collective agreement negotiated with a union.
Without legitimate justifications, the law considers mandatory retirement policies discriminatory, and employees can challenge them under the Code.
What Can You Do If You Experience Age Discrimination?
You have legal options. Here’s how to respond:
1. Document Everything: Keep a record of emails, conversations, performance reviews, and incidents that may point to age-based discriminatory treatment.
2. Raise concerns in writing regarding any discriminatory incidents and/or any perceived age-related discriminatory workplace policy.
3. Seek Legal Advice: Before responding to any pressure to retire, consult Workplace Sage Legal.
Legal Remedies
With the help of a legal practitioner, a provincially-regulated employee can file a claim through the Human Rights Tribunal, the Small Claims Court or the Superior Court of Justice.
- Through a complaint to the Human Rights Tribunal of Ontario (HRTO) you can obtain lost wages, damages for injury to dignity, feelings or self-respect, and non-monetary remedies like requiring the company to undergo human rights training.
- Through a claim to the Small Claims Court, you can obtain up to $35,000.00 ($50,000 starting October 1, 2025) in damages and severance/reasonable notice.
- Through a claim to the Superior Court of Justice, as there is no monetary limit, you can obtain an unlimited amount of damages (subject to common law principles) and severance/reasonable notice.
With the help of a legal practitioner, a federally-regulated employee can file a claim through the Canadian Human Rights Commission, or the Canadian Industrial Relations Board.
- Through a complaint to the Canadian Human Rights Commission you can obtain lost wages, up to $20,000.00 for pain and suffering as a result of the discriminatory practice, up to $20,000.00 for special compensation if the Commission finds that the person engaged in a discriminatory practice wilfully or recklessly, and non-monetary remedies like requiring the company to adopt a special program or plan to avoid similar situations in the future.
- In some circumstances, the employee can commence a claim at the Canadian Industrial Relations Board (CIRB) and ask the Canadian Human Rights Commission to refer their authority to the CIRB, who can then hear all issues at the same time.
Which Legal Forum Should You Use?
Your legal route may differ depending on whether your employer is provincially regulated or federally regulated. Most employees in Ontario are provincially regulated.
It may also differ based on the amounts at stake, the legal issues at hand, the identity of the employer, whether the employee has found new employment, and the client’s preferences in terms of timing and process.
Importantly, if you are a provincially-regulated employee, an action cannot be commenced in the Small Claims Court or the Superior Court of Justice unless there is another cause of action (reason to sue). If the only reason you are suing is because of a breach of the Human Rights Code, then you have to commence your complaint at the Human Rights Tribunal.
A legal expert can help you determine the right forum based on all relevant factors.
Conclusion
Age should never be a barrier to employment—or a reason to be pushed out of a job that you’re capable of doing. If you suspect age discrimination, know that the law is on your side. You have the right to work free from discrimination and unfair treatment, regardless of your age. If in doubt about your legal position, book a consultation with Workplace Sage Legal today.
DISCLAIMER: This article/blog is provided for educational/informational purposes only. The views expressed are solely those of the author(s) and should not be attributed to any other party not listed as the author(s).
While reasonable efforts have been made to ensure the accuracy of the content provided, it does not constitute legal advice. Prior to relying on any aspect of this article, you should consult with a suitably qualified legal professional promptly in your relevant jurisdiction, to obtain advice tailored to your individual circumstances
Nothing in this article should be interpreted as forming a solicitor-client relationship or construed as a solicitation for legal services.
