Mandatory retirement at age 60 for suppression firefighters upheld as a bona fide occupational requirement.
The complainant, a former District Chief in the London Fire Department, alleged that the mandatory retirement age of 60 for suppression firefighters, negotiated in the collective agreement, constituted age discrimination under the Human Rights Code.
The respondents conceded prima facie discrimination but argued the provision was a bona fide occupational requirement (BFOR) due to the increased risk of cardiac events with age.
The Tribunal applied the Meiorin test and found that the respondents had justified the standard.
The Tribunal accepted expert evidence that the risk of cardiac events for firefighters is significant and increases with age, and that there is currently no individualized risk analysis for firefighters that is more accurate than using age alone.
The Tribunal also gave weight to the fact that the provision was negotiated by the union and employer to address health and safety concerns while providing an unreduced pension at age 60.
The complaint was dismissed.
Espey v. London (City), 2008 HRTO 412
