Discrimination in the Workforce (Benefit Tips ® - © 2013)

The Canadian Charter of Rights and Freedoms protects against “discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability” and provincial human rights legislation go into more detail, employers must understand how provincial employment standards legislation impact their benefits programs.

The following table summarized the impact of the Ontario Employment Standards Act, 2000 based on pages 52 and 53 of the guide published May, 2013

 

Permitted Grounds of Discrimination for Workers in Ontario	Advice
Age 65 and older or under age 18	Terminate medical, dental, disability and retirement benefits at age 65
Prohibited Grounds of Discrimination for Workers in Ontario	Advice
Single vs. Family (married, common-law, single parent)	Health benefits should not vary bases on whether employees have a spouse or child
Disability	Provide high quality employee-paid disability insurance
Regulated Leave of Absence (pregnancy, parental, family medical, organ donor, personal emergency, declared emergency, reservist)	Continue medical, dental, disability and retirement benefits during regulated leave of absence
Sex (or whether head of household or primary wage earner)
Age (18 and older by younger than age 65)