Mandatory retirement means immigrants, women lose: conference

VANCOUVER (CP) - The working poor, recent immigrants and women are taking the hardest financial hit because of mandatory retirement policies in most provinces, a conference on seniors' issues heard Tuesday. Terry Gillin, a sociology professor at Ryerson University in Toronto, said forcing people to retire from their jobs when they turn 65 amounts to age discrimination.

"There's lots of talk going on in Canada, that there is a trend to be concerned with this issue," Gillin said.

"But in fact it is only two provinces - Quebec, since 1982, and Manitoba since 1983 - that have effectively implemented a ban on mandatory retirement under all circumstances."

Ontario's legislation against the practice has not yet come into effect.

Most provinces, and the federal government, have restricted mandatory retirement to some degree or have acted to protect workers who are 65 and older but haven't eliminated the policy altogether, Gillin told delegates at Premier Gordon Campbell's council on aging and seniors' issues.

"As a society, we have constructed a cliche: 65 is old," Gillin said.

"As people live longer, healthier lives it is a cliche that is empirically wrong. It is also a cliche that hurts some people more than others."

Gillin called on British Columbia to do away with mandatory retirement by changing the province's Human Rights Code, which prohibits age-related discrimination for those 19 or older and less than 65.

"The code, as written, not only permits mandatory retirement it also permits differential treatment of workers over age 65," he said.

"So I recommend that the government legislate an end and do it as soon as possible.

"A substantial part of the motivation for eliminating forced retirement in Ontario was the concern of Ontario's Human Rights Commission that the legal but discriminatory, differential treatment of employees over age 65 was irrational."

Gillin was speaking a day after the union representing B.C.'s university professors launched a campaign to eliminate mandatory retirement.

Patricia Baird, who is heading the council on aging and seniors' issues, said its purpose is to provide recommendations on how the elderly can be supported when it comes to their independence and health.

The council, which must submit a report by Nov. 30, is also looking at how seniors can continue to be contributing members of society as they age.

Baird said some companies are taking advantage of older workers, many in their 70s, because they like working part time and don't mind coming in on weekends when that's more difficult for people raising young families.

The result is less absenteeism, high production and a happier workforce, she said.

Community Services Minister Ida Chong, who is also responsible for seniors' issues, said eliminating mandatory retirement would impact pensions, for example.

Chong said not everyone agrees on how mandatory retirement should be implemented, adding unions that legislated the policy through their collective agreements would be affected.

About half of all Canadian workers are in jobs with mandatory retirement at a fixed age, typically 65.

People who continue to work past that age aren't legally entitled to the same salary and benefits as younger employees and have no recourse to lay a complaint based on age discrimination under the Human Rights Code, Gillin said.

Those who argue for mandatory retirement say the practice may allow an organization to create j obs and allow people to be promoted while older, experienced employees are replaced with low-cost younger workers.

But Gillin said the matter is a human rights issue that involves age discrimination when other barriers such as race, nationality, gender and disability have been challenged.

"It is now time to address the adverse effects of ageism."

© The Canadian Press, 2006