By: Linda McKay-Panos
PDF Version: Mandatory Retirement of School Bus Drivers Again Before Alberta Human Rights Tribunal
Case Commented On: Mortland and VanRootselaar v Peace Wapiti School Division No 76, 2015 AHRC 9
Once again, the Human Rights Tribunal has been asked to address the issue of mandatory retirement for school bus drivers in Alberta. In an earlier case involving a preliminary hearing, Pelley and Albers v Northern Gateway Regional School Division No 76, 2012 AHRC 2 (Pelly and Albers), the Tribunal held that the School Division was an “employer” for the purposes of the Alberta Human Rights Act, RSA 2000 c A-25.5 (AHRA), section 7. (See my previous post on Pelly and Albers).
Mortland and VanRootselaar were each school bus drivers employed by the Peace Wapiti School Division No 76. They were mandatorily retired at the end of the school year in which they attained the age of 65. They filed individual complaints of age discrimination under section 7 of the AHRC (employment) with the Alberta Human Rights Commission. The School Division argued that the “age 65 or less” standard for bus driver employment was a bona fide occupational requirement under subsection 7(3) of the AHRA.