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Human Rights Law

All Faculty Publications

2008

Employment law; Mandatory retirement; Age discrimination; British Columbia Human Rights Code

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Mandatory Retirement: Termination At 65 Is Ended, But Exceptions Linger On, Anthony F. Sheppard Jan 2008

Mandatory Retirement: Termination At 65 Is Ended, But Exceptions Linger On, Anthony F. Sheppard

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In employment law, mandatory retirement ("MR") is the compulsory termination of employment as a result of the employee having reached a specified age. In legal circles, MR is regarded as retirement rather than dismissal, though an individual who wishes to continue to work beyond a specified age might disagree. The elimination of MR in British Columbia resulted from the deletion of five little words in the definition of "age" in section 1 of the British Columbia Human Rights Code, RSBC 1996, c 210 (BCHRC). Section 1 of the BCHRC formerly defined "age" as meaning "an age of 19 years or …