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Diversity – From Why To How Workshop 2 - page 100 / 103

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Specific Exceptions

Five year exemption: length-of-service requirement of five years or less will be exempted as long as it is awarded to all of the employer's workers who meet the length of service criterion and whose circumstances are not otherwise materially different

Statutory benefits exemption: Where an employer provides a contractual benefit that mirrors a statutory benefit, it will not constitute age discrimination if the employer:

applies the same length-of-service criteria used in the statutory benefit

applies a shorter length-of-service criteria than that used in the statutory benefit

provides a more generous statutory benefit than that which would apply for a person meeting the statutory length-of-service criteria

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