Review of recent legislated changes on mandatory retirement in Canada; advocates a holistic approach to regulation of a worker's older age in order to best promote the right to age equality for senior workers, balancing this with the rights of employers and society overall.
Using an approach to age discrimination that values the equal concern and treatment of at any point in time of their lives (labeled the 'Dignified Lives Approach'); argues that the duty to accommodate younger workers with disabilities should equally apply to seniors with disabilities, and that the duty to accommodate senior workers should include any age-related needs apart from direct disability concerns.
The article reviews the law around physical standards constituting a Bona Fide Occupational Requirement.
Provides a very good discussion of the law in respect to accommodations. Provides an excellent discussion of the state of discrimination law in respect to chronic pain disorders in the workplace. Provides a very good discussion of undue hardship law.
Survey of case law on what the author refers to as 'non-mainstream' disabilities, or those disabilities that are difficult to diagnose (episodic or mental health related, for example) as jurisprudence on the duty to accommodate has not yet adequately addressed these issues; duty to accommodate and relevant human rights legislation needs to better tackle the barriers such individuals face, presented by current interpretations.