Age discrimination occurs when someone is treated less favourably than another person or is denied the same opportunities as another person because of their age or imputed age.
Age discrimination can occur across all age groups and often arises because of stereotypes and assumptions made about a person's needs and abilities, based on how old or young they may be.
Example of direct discrimination:
At a recent job interview Sally, 45, felt that comments made about her age and ability to relate to younger workers was not appropriate. She subsequently didn't get the job, so she lodged a complaint of discrimination on the ground of age.
The Anti-Discrimination Act 1998 ("the Act") prohibits age discrimination in the following areas:
Employment - includes, but not limited to:
a) paid or voluntary;
b) membership of partnerships;
c) registration or recognition by, or membership of, professional and trade organisations;
d) registration or recognition by qualifying bodies;
e) engagement of commission agents;
f) registration or placement by employment agencies;
g) engagement under a contract for services; and
h) registration or enrolment by vocational training bodies.
Education and Training - at schools, colleges, universities or other educational institutions where education and training is provided.
Provision of facilities, goods and services - includes:
a) relating to access to, and the use of, any place that members of the public are permitted to enter; or
b) relating to banking, insurance, superannuation or the provision of grants, loans, credit or finance; or
c) relating to entertainment, refreshment or recreation; or
d) relating to transportation and travel; or
e) relating to any profession, trade or business; or
f) provided by a State authority or a council; or
g) relating to selling, buying, lasing, assigning or disposing of an interest in land.
Accommodation - applies to residential (including house, flat, hotel, motel, boarding house or caravan) and business accommodation.
Memebership and activities of clubs - being a member of a club and participating in activities associated with the club.
Direct age discrimination takes place if a person treats another person on the basis of their age or imputed age less favourably than a person without that attribute or characteristic (who is of a different age).
For direct discrimination to take place it is not necessary -
That age be the sole or dominant ground for the unfavourable treatment; or
That the person who discriminates regards the treatment as unfavourable; or
That the person who discriminates has any particular motive in discriminating.
Indirect age discrimination takes place if a person imposes a condition, requirement or practice, which is unreasonable in the circumstances and has the effect of disadvantage a member of a group of people who share a particular attribute (of a particular age or age group) more than a person who is not a member of that group.
Example of indirect discrimination
An employer requires all employees to pass a demanding physical test before being recruited to a particular position. This requirement may indirectly discriminate against older employees if the physical test is not an inherent requirement of the position.
In certain circumstances, age discrimination is permitted. The following exceptions apply:
Example of lawful discrimination:
Sports carnivals requiring that competitors compete in their age group (for example, under-17's, under-19's, under-21's) is an example of lawful age discrimination.
Where a person/organisation argues that it is exempt from the requirements of the Act because an exception applies, it is up to the person/organisation to prove the exception applies in their circumstances.
