Age Discrimination & Your Rights

Age Discrimination is when a person is treated less favorably than another person in a similar circumstance and less favorable treatment is because of the person’s age.

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Age Discrimination is when a person is treated less favorably than another person in a similar circumstance and less favorable treatment is because of the person’s age.

Age is a protected attribute of an employee, as understood under s.351 of the Fair Work Act 2009.

Under Federal anti-discrimination law, age is also a protected attribute of an employee as understood under the Age Discrimination Act 2004.

Section 18 of the Age Discrimination Act states, that it is unlawful for an employer to discriminate against an employee on the grounds of an employee’s age, including but not limited to the following categories:

a) in the terms or conditions of employment that the employer affords the employee; or

b) by denying the employee access, or limiting the employee's access, to opportunities for promotion, transfer, or training, or to any other benefits associated with employment; or

c) by dismissing the employee; or

d) by subjecting the employee to any other detriment.

From there, the employee must prove whether the discrimination is either direct or indirect, as understood under s.14 and s.15 of the same Act.

For example, an employer may impose a policy that once an employee reaches a certain age, they can no longer participate in a certain work-related duty or activity. Such a policy imposes a condition or requirement or practice and if that practice is unreasonable and likely to have the effect of disadvantaging persons of the same age as the employee, then it is likely in breach of s.18 of the Act as claimed by the indirect discrimination in s.15.

Often age discrimination comes about in circumstances where we regularly receive phone calls from upset clients who tell us that their boss has said to them words to the effect that they are: “too old” and that they “should retire.” Managers and fellow employers berating their work colleagues in relation to their age, including harassing them about their retirement may well be defined as a detriment in their employment and/or depriving the Applicant of the benefit of working in a workplace free from discrimination and harassment.

We have also received phone calls from clients who say that their employer discriminated against them on the basis that it was imputed that by reason of the person’s age, they would be unable to keep up with technological advances and undertake various duties that require technical skill.

Other complaints that we have received, include employers who discriminate on the basis of a worker’s physical health and condition, which sometimes is a condition of their age, unavoidable and therein, may also lie a form of age discrimination which may be prosecuted in breach of s.18 of the Age Discrimination Act.

Connect Legal has been defending employee rights in relation to age discrimination and has filed numerous matters in the Australian Human Rights Commission and in the Federal Court jurisdiction and can assist you with any inquiries.

Age Discrimination is when a person is treated less favourably than another person in a similar circumstance and that less favourable treatment is because of the person’s age. Section 18 of the Age Discrimination Act states, that it is unlawful for an employer to discriminate against an employee on the grounds of an employee’s age by dismissing an employee.

Age Discrimination is when a person is treated less favorably than another person in a similar circumstance and less favorable treatment is because of the person’s age. Section 18 of the Age Discrimination Act states, that it is unlawful for an employer to discriminate against an employee on the grounds of an employee’s age by dismissing an employee.

Age Discrimination is when a person is treated less favorably than another person in a similar circumstance and that less favorable treatment is because of the person’s age. Section 18 of the Age Discrimination Act states, that it is unlawful for an employer to discriminate against an employee on the grounds of an employee’s age by dismissing an employee.

Connect Legal would love to assist, please contact our office at 02-9889 2239 our working hours are Monday to Saturday 8.00 am to 8.00 pm and we will have some in-depth discussions.

Over the last 20-plus years, we have regularly received inquiries of this magnitude. It is imperative you place your concerns in writing to the area manager and if you did not receive a sensible response then write to Human Resources. Indeed, age discrimination is rampant throughout the workforce, these so-called new-age managers are very careful not to use the words you are old and tired and nearing retirement. But as they say, the pen is more might than the sword, and it is necessary for you to speak up in writing to ensure you can safeguard your employment and discrimination.