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5 C.H.R.R. ND/1 (1984)

handle is hein.journals/chhr5 and id is 1 raw text is: CANADIAN
HUMAN RIGHTS
REPORTER

NEW DEVELOPMENTS

Volume 5, C.H.R.R.

January, 1984

DECISIONS OF NOTE
AGE LIMIT OF 27 YEARS FOR
PILOTS HIRED NOT SUPPORTED BY
BONA FIDE OCCUPATIONAL
REQUIREMENT
A Federal Review Tribunal has rejected an appeal
by Air Canada from the decision of an earlier Tribunal
that the airline discriminated against several pilot-
applicants when it refused to hire them because they
were older than 27 years of age.
The Review Tribunal rejected the appeal, finding
that Air Canada had failed to establish a bona fide
occupational requirement for its age-restrictive hiring
policy. It found that Air Canada might be able to justify
an age limit for hiring on the ground that the combina-
tion of mandatory retirement of pilots at age 60 and
the number of years necessary for training require an
age limit at hiring to ensure a viable pilot force. How-
ever, the Review Tribunal finds that this is not the
case that was put before it, and Air Canada failed to
establish that its hiring policy was necessary to ensure
that pilots are healthy and that safety is maintained.
(See Decision 335)
RACIAL DISCRIMINATION IN
MONTREAL TAXI INDUSTRY
After a public inquiry into allegations of racial dis-
crimination in the taxi industry in Montreal, a Commit-
tee of Inquiry has concluded that there was discrimina-

tion in the admission of black persons to employment
in the industry, in the publicity used to advertise taxi
services, and in the terms of employment of black
drivers.
The Committee of Inquiry recommended to the
Quebec Human Rights Commission that the Commis-
sion enter into mediation to settle the individual com-
plaints considered by the Committee. It also recom-
mended that the Commission report to the Attorney-
General the numerous violations of the Charter and
evidence of a conspiracy on the part of some companies
to deprive black persons of their rights, and that the
Attorney-General initiate proceedings pursuant to anti-
conspiracy provisions of the Criminal Code.
(See Decision 334)
LEGISLATION AND REGULATIONS
NEWFOUNDLAND HUMAN RIGHTS
CODE AMENDED
Bill 79, An Act to Amend the Newfoundland Human
Rights Code received Royal Assent December 21,
1983. The Bill prohibits harassment in the workplace
based on a prohibited ground of discrimination and
prohibits sexual advances or solicitation in the work-
place by a person in a position of authority over another
person. The Act also makes provision for affirmative
action programs. These amendments will be incorpo-
rated into the Legislative and Regulations volume of
the Canadian Human Rights Reporter in a forthcoming
issue.

ND/1

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