Is It Unlawful to Discriminate Against An Employee Because of Age?

Unless the Age of An Employee Presents As a Genuine Occupational Requirement, Discrimination Based on Aging Is Likely a Violation of the Human Rights Code.

Understanding That Employment Termination Due to Age May Be DiscriminationViolating the Human Rights Code

Exotic Dancer The Human Rights Code, R.S.O. 1990, c. H.19 provides a variety of protections from discrimination; however, in some situations, being where the discrimination is based upon a characteristic that is a genuine requirement of the employment, there is a limited exception that allows the discrimination despite the discrimination being based upon a reason usually protected by the Human Rights Code.

The Law

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 was lacking the appearance of youth.

Discrimination from employment based on age, among other characteristics, is protected per the Human Rights Code; which specifically states:


5 (1) Every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability.

In the Ouwroulis v. New Locomotion, 2009 HRTO 1498 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 section 24(1)(b) of the Human Rights Code which permits age discrimination in some circumstances.  Specifically, the exception states:

Special employment

24 (1) The right under section 5 to equal treatment with respect to employment is not infringed where,


(b) 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;

Summary Comment

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.


Need Help? Let's Get Started Today

ATTENTION: Do not send any confidential information through this web form.  Use this web form only to make an introduction.

For more information, fill out the form below to send a direct inquiry to Marketing.Legal

ATTENTION: Do not send confidential information through this website form.  Use this website form only for making an introduction.
Privacy Policy & Cookies | Terms of Use Your IP Address is:
Hours of Business:

10:00AM - 09:00PM
10:00AM - 09:00PM
10:00AM - 09:00PM
10:00AM - 09:00PM
10:00AM - 05:00PM

By appointment only.  Please call for details.


Law Clerks
Process Servers


We Offer a 
FREE ¼ Hour Consultation

Marketing.Legal™ is a 100% Canadian brand, owned and operated incorporated business, with dedicated expert professionals, having decades of qualified experience in Website Development, Search Engine Optimization (SEO), Google Adwords, and Social Media marketing for Lawyers and Paralegals.  Website design for lawyers in Ontario, Canada.

Sign Up