What’s the best way to deal with my supervisor making subtle comments about my age?

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THE QUESTION

I work part-time for an event venue and our employer hires a range of younger and older people. I happen to be one of the older people but I’ve been doing the job for years and I think I do it well. The other day I was staffing the entrance and using a device to scan tickets for admission. But the device was glitchy and wasn’t working.

When I told my supervisor about it, he said: “That’s okay. We’ll just get someone younger to take over.” He was implying that it was because of my age that I couldn’t work the machine. The younger staff person who replaced me also had trouble with the machine.

This is just one example of the subtle ageism that happens at my workplace, but it’s happening in other ways. Are there rules or laws against ageism in the workplace? What’s the best way for me to bring this up to HR?

THE FIRST ANSWER

Tareq Shahwan, associate lawyer, Randy Ai Law Office, Toronto

Although employment law may vary across Canada, Ontario’s Human Rights Code protects employees, including but not limited to part-time employees, from discrimination based on age. Employers must base workplace decisions on ability and performance, not stereotypes that older workers are less capable with technology.

To prove discrimination, you would need to show that, more likely than not, you experienced unfavourable treatment and that age was a factor in that treatment. Age need not be the only reason, and context and reasonable inferences can be enough.

In your case, your supervisor expressly linked replacing you with getting “someone younger.” The fact that the younger worker experienced the same problem supports the conclusion that the device – not your ability – was at fault. One remark may not, by itself, establish a pattern of workplace discrimination, but it can be significant evidence when considered alongside the reassignment and other incidents. The law protects against more than termination or lost pay. This is therefore a credible age-discrimination concern worth raising now.

Start by creating a factual record. For each incident, note the date, time, exact words used, witnesses, any change in duties and how comparable younger workers were treated. Keep relevant emails, schedules and performance reviews.

Then report the concern to HR in writing and follow the workplace complaint policy. Explain that you believe your age affected your treatment, provide specific examples and request an investigation. Ask that assignments be based on demonstrated ability rather than age-based assumptions. Keep copies of your complaint and HR’s response.

If the employer fails to address the issue, the pattern continues or you face retaliation, seek legal advice promptly. In Ontario, reprisal for asserting a human-rights concern is also prohibited. An application to the Human Rights Tribunal generally must be filed within one year of the incident – or the last incident in a related series.

THE SECOND ANSWER

Vanessa Ribreau, chief people officer, Safe Software, Vancouver

In my view, you have two potential doors here and you have a choice, but know that you don’t have to go through the first to earn the second.

One: If it feels safe, there is real value in speaking to your supervisor directly. You could say something like: “When the scanner failed, you said you’d get someone younger and the person who replaced me had the same trouble with it. I want to be honest that comments like that land as being about my age.” Managers often say these things without hearing themselves and, in my experience, being told plainly is sometimes the whole fix.

Two: If it doesn’t feel safe, you can go to HR. Choosing this path is not skipping a step and you don’t owe anyone a warning first.

Either way, you can prepare for both doors with a similar approach.

To start, I’d suggest leading with what you observed and not what you concluded. Observed: the scanner failed, your supervisor said he’d get someone younger and the replacement hit the same problem. Concluded: this is about your age. Both belong in the conversation, but by beginning with your observation, the root of the issue is much harder to argue with.

Next, express clearly what you’d like to be different. You could lead with something like: “I want tasks assigned based on what I’ve demonstrated” and that is what HR can act on. If you approach it with “I want to report ageism”, this invites a debate about definitions.

I would always suggest that you put your concern in writing. Writing an email to HR creates a record and a date. To go even further, you can list the other examples you’ve noticed beyond this specific case; patterns get taken more seriously than incidents.

Then ask three questions: what happens next, on what timeline and who will know? A good HR team will answer all three without requiring a follow-up from you. If your team won’t, this is important information to note and at that point, the legal route becomes worth understanding.

My final piece of advice is for the employers who are reading. If your managers are quietly sorting tasks by age, your employee shouldn’t be the one carrying that. It’s important to build a culture where feedback like this can travel in both directions, but this can’t be mistaken for making it the employee’s job to fix.

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