Summary: Age Discrimination in Alberta
Age discrimination in Alberta occurs when an employee or job applicant is treated unfairly due to being 18 years of age or older.
Under the Alberta Human Rights Act, it is illegal for an employer to refuse to hire, terminate, or deny benefits and promotions to a worker based solely on their age, unless a specific legal exception applies.
Valuing Experience over Assumptions.
As workers grow older, they often face negative stereotypes regarding their productivity, ability to learn new technologies, or their proximity to retirement. In Alberta, the law protects you from these biases, ensuring your career is judged on merit, not a birthdate.
Quick Navigation
What is Age Discrimination?
In Alberta, age discrimination is a violation of human rights that applies to anyone 18 years of age or older. While younger minors (under 18) are protected under other grounds like race or gender, they are not protected from age-based distinctions, such as being denied entry to 18+ venues. However, for the Alberta workforce, once you reach 18, you are shielded from age-based bias in:
- Job advertisements and recruitment processes.
- Hiring, promotion, and training opportunities.
- Terms and conditions of employment, including pay and benefits.
- Termination and layoffs.
Is Mandatory Retirement Legal in Alberta?
Generally, no. In 2008, Alberta abolished mandatory retirement for most workers. An employer can’t force you to retire just because you have reached the age of 65. If an employer pressures you to retire or sets a “mandatory” retirement date in your contract, they are likely in breach of the Alberta Human Rights Act.
Forcing an employee into retirement is considered a wrongful dismissal. In such cases, the employee is entitled to their full severance pay, calculated based on their age, position, and years of service.
Examples of Age Discrimination at Work
Age discrimination can be overt or subtle. Recognizing age discrimination examples is the first step toward protecting your rights:
- Recruitment Bias: A job ad that asks for “fresh blood,” “new blood,” or “digital natives” can be seen as coded language used to exclude older applicants.
- Denying Training: A manager refusing to send an older worker to a new software training course because “they’ll be retiring soon anyway.”
- “Suitability” Comments: Being told you are “overqualified” for a role, which is often used as a proxy for being “too old.”
- Targeted Layoffs: Selecting older, more experienced (and higher-paid) workers for a “downsizing” while retaining younger, cheaper staff.
Bona Fide Occupational Requirements (BFOR)
There are rare instances where age-based distinctions are allowed. This is called a Bona Fide Occupational Requirement (BFOR). To justify an age limit or requirement, an employer must prove that:
- The requirement is rationally connected to the job performance.
- The requirement was adopted in an honest and good-faith belief that it was necessary.
- It is impossible to accommodate employees who do not meet the requirement without undue hardship.
BFORs are most common in safety-sensitive roles, such as commercial airline pilots or specific emergency services personnel where physical ability and age are strictly linked to public safety.
The “Pension-Eligible” Termination Trap
Employers often believe they can terminate an older worker with less severance because the worker is “pension-eligible.” This is a legal error. Your right to a pension does not reduce your right to full severance pay in Alberta. If you are terminated because the company assumes you have enough money to retire, you likely have a strong claim for both wrongful dismissal and a human rights violation.
Remedies and Filing a Complaint
If you believe you have experienced age discrimination, you can file a complaint with the Alberta Human Rights Commission (AHRC).
- One-Year Limit: You must file your complaint within one year of the discriminatory act.
- Possible Remedies: This can include compensation for lost wages, general damages for “injury to dignity and self-respect,” and in some cases, reinstatement to your position.
Consult an Age Discrimination Lawyer
If you are facing age-based bias or have been wrongfully terminated due to your age, you do not have to navigate the legal system alone. The age discrimination lawyer team at Samfiru Tumarkin LLP has extensive experience holding Alberta employers accountable for human rights violations and wrongful dismissals.
We help you determine the most effective path forward — whether through a human rights complaint or a civil claim for maximum severance — to ensure your career and your financial future are protected. Our Alberta employment lawyers provide clear, results-driven legal advice to workers across the province.