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Age discrimination application regarding disability benefits dismissed due to statutory exemptions for employees over 65.
The applicant, aged 65, alleged age discrimination after being denied short-term and long-term disability benefits under his employer's benefit plan.
The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success.
The Tribunal found that section 25(2.1) of the Human Rights Code and section 44 of the Employment Standards Act, 2000 permit disability benefit plans to differentiate based on age for employees aged 65 and older.
As the employer's plan complied with these statutory exemptions, the Tribunal concluded the application had no reasonable prospect of success and dismissed it.
