Age Discrimination In Benefit Plans - Talos v Grand Erie District School Board

Co-author: Samia Hussein, Student-at-Law

A recent decision of the Human Rights Tribunal of Ontario (the "Tribunal") challenges the ability of employers to treat employees over age 65 differently with respect to the provision of benefits. The Employment Standards Act, 20001 ("ESA") currently permits differentiation in employee benefit plans with respect to persons age 65 years and older. In Talos v Grand Erie District School Board,2 the applicant alleged that such age discrimination is contrary to the Ontario Human Rights Code3 (the "Code"). George Talos ("Mr. Talos"), a teacher for the Grand Erie District School Board (the "School Board"), filed a claim with the Tribunal alleging that his employer's benefits plan is discriminatory. Under the School Board's plan, once an employee reaches age 65 they are no longer entitled to benefits. Mr. Talos alleged that such differential treatment based on age is contrary to the Code. In this interim decision, the Tribunal...