The world's population is aging rapidly, a phenomenon that has social, economic and political implications. With this in mind, the United Nations General Assembly has declared 1999 the International Year of Older Persons. The Year's objective is to increase awareness of the importance of older people and their role in society. The United Nations has also adopted a set of Principles for Older Persons that address the issues of independence, dignity, participation, care, and self-fulfilment.

Two of these principles deal with human rights. The first, independence, affirms the right of older people to determine when and at what pace they withdraw from the labour force. The second, dignity, calls for older people to be treated fairly, regardless of age, gender, racial or ethnic background, disability or other status, and to be valued independently of their economic contribution.

In this country, the theme adopted for the International Year of Older Persons is "Canada, a society for all ages." Its goal is to dispel myths about aging while highlighting the important and beneficial role that older people play in our society.

Canada's population of older people is among the fastest growing in the world. People aged 65 or older currently make up twelve per cent of the population. By 2041, they will account for an estimated 23 per cent. This demographic shift will have an impact on families and communities, and will alter the social, economic and cultural fabric of the country. It will also challenge Canadians to abandon stereotypes about the competence, commitment and ability of older workers.

Mandatory Retirement

In 1998, the Organization for Economic Co-operation and Development released Maintaining Prosperity in an Aging Society, a report examining the implications of aging populations for OECD countries. It commented on the significant challenges posed by aging trends; studies have shown that they usually result in fewer people in the paid labour force. The report noted that when employees are treated as if they all had exactly the same needs, important factors that may influence their willingness and ability to remain in the labour force are disregarded.

Similarly, Flexible Retirement as an Alternative to 65 and Out, a paper prepared for the C.D. Howe Institute, suggests that it is time to rethink the traditional pattern of "celebrate your 65th birthday and you are out." It points out that the current emphasis is on early retirement, which is sensible only if it is voluntary and meets the preferences and needs of both employers and employees. The paper argues that the age of retirement is a matter for workers and their employers to determine. This would involve "flexibility for both early and postponed retirement to meet the increasingly heterogeneous needs of both employers and employees."

In line with this thinking, the Commission would like to see section 15(c) of the Canadian Human Rights Act removed. This section permits age discrimination in terminating a person's employment when he or she has reached "the normal age of retirement for employees working in positions similar to that individual."

Removing this provision is not a new idea. In 1988, the Parliamentary Standing Committee on Human Rights issued a report, Human Rights and Aging in Canada, in which mandatory retirement was described as a form of "institutionalized age discrimination." The Commission has long shared this view, for a variety of reasons. Workers who have experienced long periods of unemployment may not have sufficient money put aside, or pensionable time, to afford retirement. Similarly, older workers in positions with low wages and no pension plan may need to remain in the labour force. Mandatory retirement can also cause hardship to women who enter the labour force later in life or leave it for an extended period to care for their children.

The Commission believes that competence should be the sole criterion for determining whether employees remain in their jobs. The sex, race, colour or sexual orientation of workers should not be a factor in determining whether they remain employed. Neither should their age.

Employment Challenges

People at both ends of the age spectrum face employment challenges. For young people, finding a job in which they can use their academic training is difficult, and for some impossible. The problem of youth unemployment is neither new nor restricted to Canada, but this does not make it any more tolerable. The youth unemployment rate has been consistently much higher than the adult rate.

While both young and old face their own employment challenges, most age discrimination complaints received by the Commission come from older people. One case in 1998 involved a woman in her late fifties who responded to a staffing advertisement. She passed the selection test but was told the company was proceeding with other candidates. She alleged that she was told by one of the supervisors that the company did not like to hire candidates older than fifty because they were more likely to be injured and collect Workers' Compensation benefits. An examination of the test results revealed that two people who had been offered positions were younger and had scored lower than the woman. The woman received financial compensation and an apology.

In 1998, a human rights tribunal ruled in another age discrimination case, Singh v. Statistics Canada. Surendar Singh, an employee of Statistics Canada, alleged that because he was in his forties, he was not included in the internal inventory for economists, even though he was qualified. The tribunal found that age was a factor in Statistics Canada's decision, and that it had "discriminated directly against Mr. Singh." The department was directed to staff Mr. Singh, at the first reasonable opportunity, into a position as a junior economist, the type of position he would have received had his name been included in the inventory. The agency was also ordered to pay Mr. Singh the difference between his actual salary and the salary he would have received had he been promoted. The case has been appealed.

Complaints

In 1998, the Commission completed work on 191 complaints of discrimination on the basis of age. Nine cases were resolved or settled. Eighteen were referred to alternate redress mechanisms, such as a grievance procedure or an employer's internal complaints procedure. No cases were referred to the Canadian Human Rights Tribunal for a hearing this year.

Early resolution: 1
Settled during investigation or at conciliation: 8
Referred to alternate redress mechanisms: 18
Referred to a tribunal: 0
Not dealt with¹: 10
Dismissed for lack of evidence: 24
No further proceedings²: 22
Discontinued³: 108
Total: 191

¹ Cases that the Commission decided not to pursue because they were filed more than one year after the alleged act of discrimination, or were, technically, without purpose.

² Cases in which the complainants withdrew or abandoned their complaints, the matters were outside the Commission's jurisdiction, or the complaints did not warrant referral to a tribunal.

³ Cases that were closed prior to investigation because the complainants did not wish to pursue them or because a link could not be established between the alleged act and a prohibited ground of discrimination.

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