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Pension Benefits Exception to Age Discrimination Proclaimed Unconstitutional

This shocker of a case began when a school board let a high school teacher continue to work after turning 65 but cut his health benefits. Clear age discrimination, right? The twist is that, like other jurisdictions, Ontario allows pension and other benefit plans to factor an employee’s age into benefit decisions without being guilty of age discrimination. The teacher argued that the rule was unconstitutional and the Human Rights Tribunal agreed. Allowing employers to cut benefits of workers at age 65 defeated the law’s purpose of ensuring that employees don’t suffer unequal and unfavourable treatment on the basis of their age and the school board couldn’t use the rule in its legal defence [Talos v. Grand Erie District School Board, 2018 HRTO 680 (CanLII), May 18, 2018].

Bongarde Editorial

Bongarde Editorial

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