What Exemptions are there to the Age Discrimination laws in Ontario? Ontario seems to have a pretty general/all encompassing law that is explained as protecting anyone from discrimination based on age with regard to employment or housing. Ontario Humans Rights Commission &gt; Policy on discrimination against older people because of age But I see government job's listing age requirements constantly. Is the government exempt from anti discrimination legislation, or what is with the huge number of jobs that list &quot;Must be eligible to participate in the Canada Summer Jobs (CSJ) program&quot; as a requirement (with &lt;30 being the top listed requirement).
Is the government exempt from anti discrimination legislation Broadly speaking, the government (in Canada, the executive power vested in Her Majesty the Queen) is not subject to any law unless the legislature binds the Crown explicitly. In this case, Ontario Human Rights Code does bind the government and any agency of the Crown. However, Canada is a federal country, and for certain areas exclusively regulated by the federal government, provincial laws may not apply fully. This is the case for human rights and employment laws; the federal government along with federally regulated industries (banking, telecommunications, airlines etc.) enjoy immunity from provincial human rights codes. But they are still subject to the federal Canada Human Rights Act (which only apply to businesses under the federal jurisdiction), which also prohibit age discrimination. Additionally, government actions are also subject to the Canadian Charter of Rights and Freedoms, section 15 of which prohibits discrimination based on age. what is with the huge number of jobs that list &quot;Must be eligible to participate in the Canada Summer Jobs (CSJ) program&quot; as a requirement (with &lt;30 being the top listed requirement). For example, the Canada Summer Jobs (CSJ) program you referred to in the question is a federal program within the spending power of the Parliament of Canada and are immune from provincial laws that interfere with its application. Ontario laws simply to no apply in this case (but federal law and the Charter does) even if an action physically happens in Ontario. What Exemptions are there to the Age Discrimination laws in Ontario? Anti-discrimination law in general only prohibits &quot;unreasonable&quot; discriminations. If someone can show that they have &quot;good reason&quot; to discriminate, it can be legal. For example, it is legal for a casting director to choose a black man to portray Martin Luther King Jr. instead of a white woman. It is also legal to discriminate against people with certain disabilities if they are in fact unable to carry out tasks required in a job even with reasonable accommodation. It is also legal for an employer (or for the law to require an employer) to give special leaves to women for pregnancy and childbirth, even though otherwise discrimination is not permitted based on sex. Age-based discounts for example are usually not illegal (and even explicitly legal in Ontario's legislation for senior's discounts) if the purpose is genuine (e.g. less spending power for teens and seniors). While age requirements are on its face a discrimination, youth programs usually qualify as affirmative action programs that are designed to ameliorate the conditions of a disadvantaged group. It is the same basis why certain gender-, race- or age-based scholarships and grants are legal. In the employment context, the government considers youths as a disadvantaged group and improving youth employment is a reasonable government objective. The Charter allows affirmative programs by the government: (2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. and both federal and Ontario human rights legislations allow special programs: 14 (1) A right under Part I is not infringed by the implementation of a special program designed to relieve hardship or economic disadvantage or to assist disadvantaged persons or groups to achieve or attempt to achieve equal opportunity or that is likely to contribute to the elimination of the infringement of rights under Part I. R.S.O. 1990, c. H.19, s. 14 (1). 16 (1) It is not a discriminatory practice for a person to adopt or carry out a special program, plan or arrangement designed to prevent disadvantages that are likely to be suffered by, or to eliminate or reduce disadvantages that are suffered by, any group of individuals when those disadvantages would be based on or related to the prohibited grounds of discrimination, by improving opportunities respecting goods, services, facilities, accommodation or employment in relation to that group. Canadian Human Rights Act
As stated, this is not a reasonable restriction and runs afoul of the Fair Housing Act. You cannot discriminate based on family status, with an exemption for &quot;housing for older persons&quot;, and the act &quot;does not limit the applicability of reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling&quot; (let's leave aside HOA restrictions for a moment). The number of occupants can legally be restricted in terms of a reasonable relation to a legitimate interest such as parking availability, safety, noise or securing the property. A restriction based on square footage or number of bedrooms might be reasonable: a blanket rule &quot;no more than 4 people&quot; is not reasonable. This article notes some of the state complication in interpreting &quot;marital status&quot;, in terms of &quot;not being married to each other&quot;.
Is A or B subject to Canadian employment law? Canada and the relevant province(s) will decide in their courts if Canadian or US law applies. The USA and the relevant state(s) will decide in their courts if Canadian or US law applies. It would be open to the employee to bring an action in any relevant court; the court will then decide what law applies and if they have jurisdiction - that is part of what sovereignty means! A Canadian court can decide a matter using US law and vice-versa. Things that the court would take into consideration are if the company did business (outside this single arrangement) in Canada or was US exclusive, the number of other trans-national interns, if the arrangement was seen as a device for avoiding employment obligations in either jurisdiction. If one is subject to Canadian law then they both are. Will either party get into trouble with the Canadian government? Assuming that the arrangement is subject to Canadian law then the company would be obliged to pay wages and may be subject to fines for not having done so. If so, what enforcement (and/or punishment) mechanisms does the Canadian government have at their disposal to enforce their employment laws against A or B? B - nothing; they have not broken the law. A - an order to pay wages and fines. Enforcement may require a judgement in a US court; either by bringing the case in one the first instance or applying to have a Canadian judgement given effect in the US. Edit The OP has added the proviso that the document states that it subject to US law and jurisdiction. If it just says that, it is prima facie invalid - a contract cannot exclude the jurisdiction of any court and an attempt to do so renders it unlawful. However, if it said that it was subject to the non-exclusive jurisdiction and law of, say, Wisconsin, then a Canadian court would consider the parties intent and the relevant Canadian national and provincial law and might decide that the proper forum is a Wisconsin court and refuse to hear the complaint. Things they will consider are that there will be Canadian and provincial laws that cannot be excluded by contract, the hardship changing the forum will have on the plaintiff or defendant, if the result (assuming the facts are proven) would be demonstrably different in a US vs. a Canadian court etc.
This law regulates employers, and New York City only has jurisdiction over employers in New York City, so this law would not protect residents of New York City seeking employment outside of New York City. Generally speaking, the law of a jurisdiction can only apply to someone who has "personally availed themselves" of the benefits of operating in that jurisdiction such that it is foreseeable that they would be subject to the laws of that jurisdiction. An employer not operating in New York City seeking employees at large wouldn't meet that requirement. While this concept is usually applied in the context of the personal jurisdiction of a court, it is also not irrelevant to choice of law questions. As with any law, there are edge cases that could be challenging in which the applicability of the law could be unclear. For example, it isn't clear whether this rule would or would not apply to an employer looking for an employee in its Chicago office (e.g. working for the Chicago Mercantile Exchange) that conducts interviews and makes hiring decisions for the job at a job fair intended for NYU Alumni that is conducted at its New York City campus, even though it doesn't have offices for the conduct of its primary business in New York City and the staff conducting the job fair are based in Chicago. It might. But, suppose that the law did apply to the conduct of the employer at the job fair. Would it also apply to a follow up interview in Chicago, or to employees interviewing for the same job at a similar job fair on the Stanford University campus? In these cases, probably not.
Anti-discrimination laws apply to certain protected classes only. Homelessness (real or assumed) is not one of them, so it is perfectly legal to bar such people from your premises. It is also perfectly legal to bar people with red hair (assuming this is not indirect discrimination against certain racial groups). Nobody is required to serve everybody who comes in; what you are not allowed to do is ban women, homosexuals or other groups set out in the applicable statutes.
The Dept. of Labor makes it easy for you: as they say, it is illegal discrimination. The U.S. Department of Labor (DOL), Civil Rights Center (CRC), is charged with enforcing Title VII of the Civil Rights Act of 1964, 42 U.S.C § 2000e-16, which prohibits employment discrimination based on race, color, religion, sex, and national origin, as it applies to employees and applicants for employment at DOL. National origin discrimination can involve treating applicants for employment or employees of DOL unfavorably because of their actual or perceived place of birth, country of origin, ancestry, native language, accent, or because they are perceived as looking or sounding &quot;foreign.&quot;... National origin discrimination can also include disparate treatment because of a person's accent
Exact wording might matter here, so I looked up the law. It says "a permanent resident complies with the residency obligation with respect to a five-year period if, on each of a total of at least 730 days in that five-year period, they are physically present in Canada". Immigration and Refugee Protection Act, 28(2)(a). If you visit the Canadian side of the park, you're "physically present in Canada". It would therefore appear that this would meet the requirement. I am by no means an expert in Canadian immigration law, though.
"Explanations relating to the Charter of Fundamental Rights" on the website you linked to is very clear that the Charter of Fundamental Rights only means the EU institutions can't discriminate based on age, and that EU law is not allowed to be age discriminatory. It doesn't mean that individual acts of age discrimination are illegal: In contrast, the provision in Article 21(1) does not create any power to enact anti-discrimination laws in these areas of Member State or private action, nor does it lay down a sweeping ban of discrimination in such wide-ranging areas. Instead, it only addresses discriminations by the institutions and bodies of the Union themselves, when exercising powers conferred under the Treaties, and by Member States only when they are implementing Union law. The practice of youth and senior discounts is older than the charter of fundamental rights. The charter will be interpreted in the light of continuity, it definitely wasn't the intention to outlaw price discrimination. There are specific laws that make price discrimination based on certain principles legal, e.g. UK equality act: Age discrimination - when discrimination is allowed in the provision of goods or services