Ages and Wages: Discrimination in the Workplace
Age discrimination commonly occurs in employment. The Age Discrimination Act 2004 aims to ensure that people of all ages are treated equally and have the same opportunities. The Act protects against discrimination in the work place such as getting a job, terms and conditions of a job, training, promotion, dismissal and redundancy.
The Law
The Age Discrimination Act protects all players of the work field: job applicants, apprentices, trainees, workers on probation, fulltime and part-time workers, and casual and permanent employees.
The law also covers all types of employers such as Commonwealth and state governments, the private sector, charities and associations, contract and commissioned based work, and recruitment and employment agencies.
Age discrimination can be applied to both young and mature age workers.
The circumstances
Age discrimination can occur when, because of your age, you have been:
- refused employment;
- dismissed;
- denied a promotion, transfer or other employment-related benefits;
- given less favourable terms or conditions of employment;
- denied equal access to training opportunities;
- selected for redundancy; or
- harassed.
The Exceptions
Under the Act, there are some situations where it may not be unlawful to treat someone differently on the basis of age, including:
- Commonwealth laws regarding taxation, social security, superannuation and migration;
- some health programs; and
- youth wages or direct compliance with industrial agreements and awards.
It is not unlawful to refuse someone a job if they cannot perform the "inherent requirements" of the job, such as a courier job and the young person is not old enough to hold a driver's license.
It is unlawful to refuse or dismiss someone from a job simply because of their age, even though they are able to do the job properly. You have the right to not be dismissed, retired or made redundant because of your age, or the age of your relatives or associates, including children. In general, you should only be dismissed if you are no longer able to do the job properly, or if the job no longer exists. Age must not be used as a reason to dismiss you, retire you or make you redundant. However, employers can ask for a particular length of service for voluntary retirement or voluntary redundancy schemes.
The Process
If you feel you are discriminated against because of your age, you can lodge a formal complaint to the Commissioner of Human Rights or the Anti-Discrimination Board. It is always advisable to seek legal advice before initiating any legal processes. Conciliation can also occur which can result in an apology, reinstatement to a job, changes in an organisation’s policies or practices, and payment of financial compensation.
