Manager’s assumption leads to age discrimination

Worker wanted cash incentive for giving her job to downsized employee, but manager thought her retirement was imminent
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 12/07/2017

A federal government employee has been awarded $25,000 for age discrimination after she was denied a chance to take advantage of a retirement incentive by giving her job to another employee under a workforce adjustment directive.

Diane Legros, 67, worked as a senior policy analyst for the Canadian Border Services Agency (CBSA). In the federal public service since 1989, Legros joined CBSA in 2011 through a staffing process.

In the 2011-2012 fiscal year, the federal government implemented a deficit reduction action plan, which required all public service agencies to reduce staff and government spending. Part of the plan involved a “workforce adjustment directive” to maximize employment opportunities for any public servants who wanted to remain in the public service but had their jobs eliminated by finding alternative employment whenever possible.