Age discrimination happens to both older & younger Australians
Everybody has the right to be valued, regardless of how many birthdays they’ve had.
Unfortunately, many older (and some younger) Australians experience discrimination based on their age, or their perceived age.
Some employers mistakenly believe older people are not suitable for work or have a ‘use by date’ on their skills.
Many employers also consider young workers to be unreliable or inexperienced.
The law says everyone must be treated fairly and have the same opportunities as everyone else, regardless of age.
What is age discrimination?
Age discrimination happens when someone is treated less favourably than another person in a similar situation, because they are considered too young or too old.
Examples can include:
- refusing to employee a person because they won’t ‘fit in’ with colleagues because of their age
- refusing to employ young workers because of fears that they will move on to another job
- advertising a job for someone ‘under 30’ to join a ‘dynamic, young team’
- forcing someone to retire because of their age
- harassing or bullying a person because of their age
The Age Discrimination Act prohibits discrimination in employment on the basis of age.
It applies to both older and young workers.
In addition, the Act makes it unlawful to bully or harass someone on the basis of their age.
We have a proven track record
Our team of employment lawyers and industrial advocates have a proven track record fighting age discrimination claims.
Workers who experience age discrimination can be entitled to compensation, or an apology, or reinstatement if they have been dismissed.
We represent clients in the Human Rights Commission, in addition to other relevant commissions, courts and tribunals.
Workers who have been dismissed from employment because of their age have just 21-days from the date of dismissal to file unfair dismissal or general protections dismissal claims, so don’t delay!
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LAST UPDATED: May 2022