Partner challenges Canadian law firm on mandatory retirement age

April 27, 2011 Mitch McCormick, 66, is making a challenge to the compulsory retirement policy at Fasken Martineau DuMoulin, the Vancouver law firm where he has worked for 40 years.

The policy at Fasken Martineau requires lawyers to quit at age 65, and while some lawyers are allowed to stay on, they must give up their place in the equity partnership. McCormick claims that this policy amounts to age discrimination, and is taking the matter to the B.C. Human Rights Tribunal.

In a key preliminary victory, the B.C. Human Rights Tribunal has ruled that McCormick, despite being a partner in the firm, could be considered an employee, making the firm subject to the province’s human-rights legislation. The ruling is subject to appeal.


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