Canada

Can my employer discriminate against me because of my age or disability?

Age
Prohibited ground
Disability
Prohibited ground
s. 3
CHRA section
s. 7
Employment protection
The Short Answer

No, your employer cannot discriminate against you because of your age or disability — both are prohibited grounds under the Canadian Human Rights Act.

What the Law Says

The Canadian Human Rights Act (CHRA) protects employees across federally regulated workplaces from discrimination based on specific personal characteristics — including age and disability.

Under section 3 of the CHRA, age and disability are explicitly listed as prohibited grounds of discrimination. This means no one can be treated unfairly in areas like employment, housing, or services because of these traits.

Section 7 makes it illegal for employers to refuse to hire, fire, or treat an employee adversely in the course of employment based on any prohibited ground — including age or disability. This applies to all stages of employment: hiring, promotion, accommodation, discipline, and termination.

Statutory Text

Prohibited grounds include race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity, marital status, family status, genetic characteristics, disability, and conviction for which a pardon has been granted.

Canadian Human Rights Act, s. 3 — Prohibited grounds of discrimination
Statutory Text

It is a discriminatory practice to refuse to employ or continue to employ, or to differentiate adversely in the course of employment, on a prohibited ground.

Canadian Human Rights Act, s. 7 — Employment

What Courts Have Said

The Supreme Court of Canada has clarified how human rights complaints are handled in unionized workplaces — especially when disability accommodation is at issue.

Northern Regional Health Authority v. Horrocks (2021)
Supreme Court of Canada · 2021

The Court held that in unionized workplaces governed by collective agreements, labour arbitrators generally have exclusive jurisdiction over human rights disputes — including claims about failure to accommodate disability — unless the collective agreement clearly excludes such matters.

What to Do

1

Document any incidents of discrimination — including dates, witnesses, and what was said or done.

2

Raise the issue with your employer or union representative, requesting accommodation if related to disability.

3

If unresolved, file a complaint with the Canadian Human Rights Commission within 12 months of the incident.

4

Seek legal advice — especially if you’re in a unionized workplace, where grievance procedures may apply first.

Sources

Same Question, Other Jurisdictions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.