ABSTRACT

The article provides insight into the way a human rights enforcement agency, the Quebec Human Rights Commission, implements legal dispositions prohibiting age discrimination in employment. Drawing on data from claims filed before the Commission, the article establishes a quantitative profile of cases and examines the factors that are involved in the decisions made by the Commission. It is argued that (1) the Commission's approach in investigating age discrimination cases and (2) the burden of proof put on respondents are main contributing factors to a very limited number of cases being validated. However, despite apparent shortcomings, the Commission still fulfills an important role in defending and promoting older workers' rights. Its overall impact can be assessed only in connection with other social and employment policies geared at older workers. In conclusion, some recommendations to improve the functioning of the Commission are made.