Skip to Main Content
print small medium large 

HOME / KNOW YOUR RIGHTS / GROUNDS OF DISCRIMINATION PROTECTED /


Age

Although some provincial human rights laws protect individuals in a certain age range, the PEI Human Rights Act does not dictate a lower or upper limit on the protection against age discrimination.

Consider these scenarios:

Scenario 1: Joseph is an insurance agent with a local insurance company. The company has a mandatory retirement policy. Joseph has been told that he will no longer be employed after his 65th birthday.

Scenario 2: Beth and her friends, all age 20, decide to go camping. The campground requires that they submit a $100 damage deposit for their site. Beth notices that the teller did not require a damage deposit from the older couple who were in front of them.

In scenario one, Joseph, may be experiencing discrimination based on age in the area of employment.
 
In scenario two, Beth and her friends may be experiencing discrimination based on age in the area of accommodation.

Exceptions:

Genuine Occupational Qualification
There are some jobs where being a certain age is essential to the job or what is sometimes referred to as a genuine occupational qualification. For example, a bar owner must ensure that a bartender is of legal drinking age in order to serve alcoholic beverages.

Pensions and Insurance
The Act states that the prohibition against age discrimination does not apply to the operation of any genuine retirement or pension plan, or any genuine group or employee insurance plan. For example, most pension plans will not begin to provide benefits until the recipient reaches a certain age. Also, some group insurance plans place restrictions on the age at which you can enter into the plan. However, you cannot be denied employment if you are not eligible to enroll in an employee benefit plan because of your age.

Special Programs
The Commission may approve programs of government, private organizations or individuals designed to promote the welfare of certain age groups, such as programs designed to promote youth employment or provide housing for seniors. Requests to approve programs must be made in writing to the Commission.

Other Provincial Laws
The Act allows for provincial laws that restrict accommodations, services or facilities on the basis of age. For example, you must be 16 years of age or older to obtain a driver’s license under the PEI Highway Safety Act.

back to top