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ETFO welcomes Human Rights Tribunal decision that benefits can’t be denied to employees after they turn 65 on basis of age

June 4, 2018

Toronto, ON – A decision by the Ontario Human Rights Tribunal that the denial of benefits to employees over age 65 on the basis of age is unconstitutional was welcomed today by the Elementary Teachers' Federation of Ontario (ETFO), an intervenor in the case.
 
"This is a ground-breaking equity decision that says employers can't discriminate against employees and take away their benefits just because they turn 65 and wish to continue working," said ETFO President Sam Hammond. "It's another example of how the Canadian Charter of Rights and Freedoms protects the democratic rights of working people and prevents discrimination, in this case on the basis of age."
 
When the Ontario government legislated the end to the mandatory retirement age of 65 in 2005, it continued to permit employers to provide age-differentiated benefit coverage to those who continue to work beyond 65. The Tribunal found that this provision is discriminatory under the Charter. The case was brought to the Ontario Human Rights Tribunal by a secondary school teacher in Grand Erie District School Board.
 
"ETFO deemed it important to intervene in this case because, at the time, we had 15 members over the age of 65 working in our Grand Erie Teacher Local. For them, and for all other workers over the age of 65, it was important to defend their rights", said Hammond. 
 
The Tribunal's decision does not apply to long term disability (LTD) insurance, pension plans and superannuation funds
 
ETFO is committed to building better schools. Its Building Better Schools education agenda can be viewed at buildingbetterschools.ca. The Elementary Teachers' Federation of Ontario represents 81,000 elementary public school teachers, occasional teachers and education professionals across the province.
 
For more information, contact ETFO Media Relations:
Valerie Dugale, 1-888-838-3836 x2331, cell 416-948-0195, vdugale@etfo.org
@ETFOMedia​