T.R. Hawkins

In an interim decision following a finding of age discrimination, the respondents requested that the complainant undergo a medical examination to determine if he would have been on disability leave during the compensation period.

The Commission opposed the request, arguing it was an attempt to relitigate the issue of mitigation.

The Board of Inquiry granted the respondents' request, holding that the medical evidence was relevant to determining the complainant's actual wage loss and did not reopen the already-decided issue of mitigation.

The complainant, a 57-year-old foreman with 32 years of service, alleged he was discriminated against on the basis of age when his employment was terminated during a staff reduction.

The employer claimed the termination was due to inadequate job performance and an inability to adapt to changes.

The Board of Inquiry found that the employer failed to provide a reasonable explanation for the termination and that age was a motivating factor in the decision.

The Board ordered the employer to compensate the complainant for lost wages and benefits, pay $1,500 for injury to dignity, and conduct yearly retirement planning seminars.