President Joe Biden withdraws from 2024 election: Implications for age discrimination at work

In a historic and unexpected move, U.S. President Joe Biden has announced his withdrawal from the 2024 presidential election race, endorsing Vice-President Kamala Harris to take his place. This decision has significantly altered the political landscape just months before the November election against Republican nominee Donald Trump. This development also brings to light ongoing issues related to age discrimination, both in politics and the workplace.

With ongoing reports of Biden’s much-criticized June 27 debate performance and other age-related challenges, polls have indicated that younger voters have a less favorable view of the American president.

Age discrimination in the workplace

Similarly, older employees in the workplace often face age discrimination, frequently being asked about their retirement plans. Despite progress in diversity, equity, and inclusion initiatives, age discrimination remains a significant issue – and appears to be one of the last socially acceptable prejudices.

Can your employer force you to retire?

No, employers in Canada can’t legally pressure or force non-unionized workers to retire because of your age, as this constitutes age-based discrimination. According to human rights legislation in provinces like Alberta, British Columbia, and Ontario, age is a protected characteristic, along with race, gender, religion, and disability.

Employees experiencing attempts at forced retirement can file a human rights complaint. The adverse impact caused by their employer’s conduct could entitle the employee to compensation for lost wages and damages for injury to dignity and self-respect.

Remember that if a non-unionized employee resigns from their job, an employer is not obligated to provide any severance. However, to be effective, a resignation must be completely voluntary. Therefore, you can simply refuse to resign or retire your position. You can clearly state in an email or letter to your employer that you aren’t interested in stepping down.

Actions for employees facing age discrimination

If you are experiencing harassment or discrimination at work based on age, document all behaviors and incidents carefully on a personal (not company) device, and save any discriminatory or harassing communications.

Then, check what internal resources your employer has in place to report such behaviour. Many employers have anonymous reporting procedures or committees set up to handle these issues confidentially. Reporting the behavior should prompt an investigation by your employer, potentially leading to discipline or termination of the offender’s employment.

If internal processes are ineffective, reach out to an experienced lawyer at Samfiru Tumarkin for assistance in handling the situation and exploring your options going forward.

READ MORE:
• Can employers in Alberta force workers to retire?
• Being forced to retire from work in B.C.
• How to respond to forced retirement in Ontario

Can my employer punish me if I refuse to retire?

No. Your employer can’t legally punish you by making major changes to your job or imposing any other form of discipline if you refuse to retire. Doing so would adversely affect your employment based on age, which is a violation of your human rights.

If you are being pressured to quit to the point that a toxic workplace is being created and you simply can’t continue working, you may have grounds to claim constructive dismissal and receive a full severance package. However, before making this claim, you should speak to an experienced employment lawyer at Samfiru Tumarkin LLP who can guide you through the process and help you preserve your rights.

How is severance pay calculated?

In Alberta, B.C. and Ontario, severance for non-unionized employees can be as much as 24 months’ pay. This includes individuals working full-time, part-time, hourly or, in many cases, as independent contractors.

The amount of compensation you are entitled to is calculated using several factors, including:

• Age
• Position at the company
• Length of service
• Ability to find new work

To figure out how much you could be owed, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their severance entitlements. If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should contact our firm.

LEARN MORE
• Should I negotiate my own severance package in Alberta?
• Rights to severance for provincially regulated employees
• Severance pay for federally regulated workers

Fired for refusing to retire

Your employer can’t legally fire you for refusing to retire due to your age. This would be a violation of your human rights, as we established earlier. Employers can’t fire employees for reasons that are discriminatory and a termination based on refusing to retire would almost certainly be based on age.

There may be rare circumstances where the employer could claim exceptions under human rights legislation, but even in those cases it would have to be done as termination without cause, meaning you would be entitled to full severance pay. It’s extremely unlikely that your employer would be able to fire you for cause in this situation, which would mean no severance package or access to Employment Insurance (EI) benefits.

A “for cause” dismissal is considered the harshest punishment in a company’s arsenal. It’s reserved for the worst workplace offences, such as serious insubordination, theft, or assault.

Lost your job? Speak with an employment lawyer

If you are fired or let go for any reason, or believe that your human rights have been violated, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Alberta, B.C., and Ontario have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.