Sources and Characteristics of Law.pptVIP

“Age is Different”: Revisiting the Contemporary Understanding of Age Discrimination in the Employment SettingPnina Alon-Shenker, Ryerson University **************** Shades of Grey: Law and Aging in the Contemporary Workplace Conference Toronto, April 2012 * Overview The contemporary understanding of age discrimination in the workplace is limited and raises several difficulties. Review of recent decisions: ONA v. Municipality of Chatham-Kent; Decision No. 512/06 of the WSIAT; Law v. Thames Valley District School Board; IBEW v. Black McDonald Ltd. Age discrimination is narrowly defined and focuses on: direct discrimination; comparing the young and the old; stereotypical or prejudicial elements. Age discrimination is considered less harmful than other forms of discrimination. Consequently, the right to age equality is often trumped by other interests and considerations. However, age discrimination should be understood in broader terms and be viewed, at least in some contexts, as very significant. * Is Age Discrimination Less Critical? While “age-based distinctions are a common and necessary way of ordering our society”, age discrimination against senior workers is as severe and critical as any other form of discrimination: Age discrimination is widespread especially in the employment setting. Some age-based distinctions, especially in the context of senior workers, could be significantly pernicious and wrong. * What is Different about Age? What are the Implications? The unique features of age discrimination might suggest that a new, distinct theory of age discrimination should be developed. But they should not imply that age discrimination – at least not where senior workers are concerned – is less critical or significant than other forms of discrimination. Although age is constantly changing, it is immutable. Although the discriminator could be a senior person or a younger person who will be senior in the future, this does not negate feelings of hostility