Tribunal Finds Age Discrimination In Job Application Form

In Kosovic v Niagara Caregivers and Personnel Ltd ("Kosovic"), the Ontario Human Rights Tribunal held that a recruitment agency's job application form that asked for the applicant's date of birth contravened the Ontario Human Rights Code. The Tribunal awarded the applicant $500 in damages to compensate him for injury to his dignity, self-respect and feelings, even though the applicant's answer to the question about his age was not the reason that he was not hired.

The agency in this case argued that a question about the applicant's date of birth was asked because work permits from the Canadian government, and the permits required the candidates' dates of birth. The Tribunal rejected this rationale and held that the date of birth requirement on the application form violated sections 5 and 23(2) of the Ontario Human Rights Code (the "Code"). The Tribunal reasoned that if an applicant's date of birth is necessary for a work permit, the recruitment agency should not