HRTO Finds Exemptions In Human Rights Code Unconstitutional

Recently, the Human Rights Tribunal of Ontario (the "HRTO") released a significant decision regarding an employer's discretion to terminate extended health, dental and life insurance benefits for employees that reach the age of 65, but continue to work on a full time basis.

In Talos v. Grand Erie District School Board, 2018 HRTO 680, the HRTO concluded that exceptions in the Ontario Human Rights Code that give employers the discretion to terminate benefits for workers over age 65 infringed equality rights and are unconstitutional. It should be noted that this case was limited to group health, dental and life insurance benefit plans and excluded long-term disability insurance, superannuation and pension plans from consideration in the constitutional challenge.