Legal Barriers to Age Discrimination in Hiring Complaints

(2016) 39 Dal LJ 289-325

39 Pages Posted: 9 Jun 2016 Last revised: 6 Aug 2016

See all articles by Pnina Alon-Shenker

Pnina Alon-Shenker

Ryerson University - Ted Rogers School of Management

Date Written: June 6, 2016

Abstract

Studies have shown that senior workers endure longer spells of unemployment than their younger counterparts. Age discrimination has been identified as one of the main obstacles to reemployment. This article critically examines how Canadian anti-age discrimination law has responded to the contemporary challenges experienced by senior job seekers. It articulates several difficulties in our existing age discrimination legal framework by analyzing and contrasting social science literature on the present labour market experience of senior job applicants with human rights tribunal and court decisions in hiring complaints. It concludes by sketching a preliminary set of workable proposals for change that derives from the recognition that age discrimination in hiring takes a systemic form and should be addressed as such.

Keywords: age discrimination, older workers, implicit bias, systemic discrimination

Suggested Citation

Alon-Shenker, Pnina, Legal Barriers to Age Discrimination in Hiring Complaints (June 6, 2016). (2016) 39 Dal LJ 289-325. Available at SSRN: https://ssrn.com/abstract=2791269

Pnina Alon-Shenker (Contact Author)

Ryerson University - Ted Rogers School of Management ( email )

350 Victoria Street
Toronto, Ontario M5B 2K3
Canada

Register to save articles to
your library

Register

Paper statistics

Downloads
58
rank
350,358
Abstract Views
453
PlumX Metrics