Is Mandatory Retirement Legal?
Every employee is entitled to be protected and accommodated according to the law, based on certain grounds. Two grounds for discrimination leave employees wondering what their legal rights are; age discrimination and sick leave based on disability.
Readers ask, is mandatory retirement legal? Daniel Lublin, Toronto Employment lawyer explains in his recent Globe and Mail article that mandatory retirement is in fact illegal. Employees are protected from age discrimination and cannot be forced to retire at 65 or any other number. The exception to this rule is where age plays a role in an employee’s ability to perform.
Another scenario is where employers will sometimes contract the services of third-party disability management firms to assist their employee’s in adjudicating their claims for benefits. The questions that arise from this situation are: are third-party firms entitled to information regarding my health condition? And what are my rights in relation to confidentiality and privacy? Mr. Lublin explains that if you don’t provide the required health information, you can be denied benefits. These firms normally do not share your health information with employers.
Daniel Lublin’s full article Does mandatory retirement apply to contractors? can be read in his Globe and Mail column.