Older workers face more difficulty finding work and longer periods of unemployment than younger workers. Under human rights laws, employers have a duty to treat workers of all ages equally.
The Canadian Human Rights Act and provincial and territorial human rights laws prohibit age discrimination in employment. These laws apply at all stages of employment, including job advertisements, interviews, hiring, promotions, and termination. Employers may impose age-related restrictions only when they can show that the restriction is a bona fide occupational requirement (BFOR): an essential standard for a job.
Understanding Age Discrimination in the Workplace
Discrimination is the unfair treatment of a person or group based on personal characteristics such as race, age, or disability. Age discrimination, also known as ageism, occurs when a job applicant or employee is treated unfairly because of their age. It can involve excluding applicants from employment or treating current employees differently. Although it often affects older workers, anyone can experience age discrimination.
Age discrimination is often based on stereotypes about older workers, such as assumptions that they are slow, grumpy, or stubborn. Age discrimination can take different forms including:
- Refusing to hire older applicants because they are close to retirement age.
- Denying a promotion to a younger worker because they look too young.
- Denying benefits to older employees.
What Happens in Practice?
Age discrimination often occurs during the hiring process and is not always obvious. Job advertisements may include words such as “young,” “fresh,” “energetic,” or “active,” which can discourage older applicants from applying.
According to the Ontario Human Rights Commission (the Commission), older workers have lower employment rates and experience longer periods of unemployment than younger workers. The Commission stated that job seekers coloured their hair or removed years of experience from their resumes to appear younger.
Finding a job after 50 can be particularly challenging. Employers may view older candidates as too expensive or overqualified and may favour younger applicants. Ellie Berger, an associate professor at Nipissing University, states: “the biggest struggle is when you’re on the outside, trying to get back in.”
Berger’s research found that older workers often take longer to find employment. Some employers also expressed reluctance to hire candidates aged 55 or older. She noted that ageism can become a barrier as early as age 45, particularly when combined with gender, disability, or race.
Employers may prefer younger applicants because they find them more adaptable, less expensive, and better suited to a fast-paced workplace. They may also see older candidates as less flexible or less comfortable with technology. These assumptions can influence hiring decisions, even when employers do not openly express them.
In an October 2026 article, CTV News reporter Devika Desal wrote that older workers often apply “for jobs they felt overqualified for and [feel] passed over for younger candidates with less experience.”
Effects of Age Discrimination
Age discrimination can have serious consequences for older workers, including social isolation, loss of dignity, and economic hardship. In her article, “Age is Different’: Revisiting the Contemporary Understanding of Age Discrimination in the Employment Setting,” Pnina Alon-Shenker argues that age discrimination may differ from other forms of discrimination, but its effects can be just as harmful (see Alon-Shenker at 42).
The effects go beyond financial difficulties. Berger’s research found that older workers who faced prolonged unemployment often experienced depression and other mental health issues. She described this as “identity degradation,” explaining that people may begin to feel “old and useless.” This can further affect their confidence and ability to find new employment.
Furthermore, employment is about more than earning an income. It contributes to a person’s dignity, self-worth, independence, security, and sense of belonging in the community. As a result, discrimination and job loss can have consequences that go far beyond financial hardship.
In her article, Alon-Shenker argued that older workers should be assessed on their personal merits rather than assumptions about their age. She proposed a “Dignified Lives Approach,” based on five principles: people of all ages should be assessed on their merits, treated equally, have the means to live with dignity, be socially included, and retain their autonomy.
These principles stress that age should not prevent people from participating fully in the workforce or living with dignity and independence (see Alon-Shenker at 31).
Canadians Want to Work Longer
Canadians used to retire permanently by age 65. Today, however, many choose to delay retirement or continue working part-time after retiring. As people live longer and healthier, many want to remain in the workforce well into their later years.
According to Statistics Canada’s 2026 Labour Force Survey, people aged 65 and older made up 23.2 per cent of the working population, up from 20.5 per cent in 2019.
Despite this trend, age discrimination can create barriers for older adults who want to continue working. Older workers have the right to continue working without facing discrimination. Therefore, employers have an important role in creating inclusive workplaces where employees of all ages are treated fairly and equally. This includes adopting clear policies to prevent age discrimination, defining what it means, and providing examples of discriminatory behaviour.
Further Reading
- Pnina Alon-Shenker, “‘Age is Different’: Revisiting the Contemporary Understanding of Age Discrimination in the Employment Setting,” CDN. LABOUR & EMPLOYMENT LAW JOURNAL.
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DISCLAIMER The information in this article was correct at time of publishing. The law may have changed since then. The views expressed in this article are those of the author and do not necessarily reflect the views of LawNow or the Centre for Public Legal Education Alberta.
About Myrna El Fakhry Tuttle
