Several firefighters filed complaints alleging that their mandatory retirement at age 60 by the municipalities of St. Catharines, Waterloo, and Windsor constituted age discrimination under the Ontario Human Rights Code.
Complaints were also filed against their respective unions for complicity in the discriminatory policies.
The respondent municipalities and unions argued that being under age 60 is a bona fide occupational qualification (BFOQ) for firefighters.
The Board of Inquiry applied the Supreme Court of Canada's test from Etobicoke, requiring the respondents to prove the policy was imposed in good faith and was reasonably necessary for safe and efficient job performance.
Based on extensive medical and physiological evidence, the Board found that all or almost all individuals over 60 lack the necessary aerobic capacity for active firefighting, and that there is a significant, untestable risk of coronary artery disease.
Concluding that individualized testing is impractical and that age 60 is a valid proxy for safety-related job qualifications, the Board upheld the mandatory retirement policies as a BFOQ and dismissed all complaints against the employers and unions.
