All about age discrimination

What is age discrimination?
What does the Age Discrimination Act cover?
A fair go at work
Dealing with discrimination
Find out more
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Click here to download All About Age Discrimination brochure in PDF [1 MB]

At any age, discrimination is never ok.

The company Carlos worked for was taken over by new owners. Carlos, 63, claimed he was not employed by the new owners because they said he didn’t fit their image of a “youthful, energetic” organisation.

Robyn, 44, was planning a new direction for her working life and applied for an apprenticeship being advertised in the paper. She was told “apprenticeships are for young people” and that she was too old to be considered for the program.

Tarik went to a local nightclub with his friends but they were refused entry. He claims they were told that only people aged over 20 were allowed in to the club.

Sophie and her two friends were looking to rent a house together when they started uni. The real estate agent wanted to charge them more than the advertised rent because they were under 21 and might “damage the property by partying too hard”.

No matter what your age, you can expect to get a fair go.

That’s the goal of the Age Discrimination Act. It says that all Australians – young and old – should be treated equally and have the same opportunities as everyone else.

Whether you’re applying for a job, enrolling in a course, renting a property or buying something, the law makes it clear that you can’t be treated unfairly because of your age.

Discrimination hurts people. It can damage a person’s self esteem and cause real distress. If you experience discrimination, we can help sort out your problem quickly and fairly.

Discrimination also has a wider cost. Negative attitudes can create barriers that prevent young people and older Australians from succeeding at work, pursuing further education or following their interests.

Australia’s population is ageing rapidly. In the coming years this will have a profound effect on how we all live and work.

Laws can go some way to addressing this issue. However, tackling the stereotypes that lead to age discrimination is just as critical.

This is an important part of my role – but it’s a responsibility we all share.

By challenging and changing community attitudes about age, we can help build a strong and fair Australia for everyone.

Elizabeth Broderick
Commissioner responsible for Age Discrimination

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What is age discrimination?

Age discrimination happens when someone is treated unfairly or denied an opportunity because of their age. Discrimination can be direct or indirect.

Direct discrimination occurs when a person is treated less favourably because of their age when compared with how someone in another age group would be treated in the same situation.

For example, it could be direct age discrimination if an older person is not employed in an office job because it is assumed that they wouldn’t have the ability to learn new computer programs.

Indirect discrimination occurs when there is a rule or policy that is the same for everyone but which has an unfair effect on people of a particular age.

For example, it could be indirect discrimination if a job ad asks for 10 years relevant experience if it isn’t necessary to do the job properly. This could mean that younger workers with the right skills aren’t considered for the job or don’t apply.

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What does the Age Discrimination Act cover?

The Age Discrimination Act 2004 (the ADA) makes it against the law for someone to treat you unfairly because of your age.

It protects you against discrimination in many areas of public life, including:

Work – getting a job, terms and conditions, training, promotion, dismissal and redundancy (voluntary work and domestic duties in private households are not covered)

Education – enrolling or studying at school, TAFE, university or other educational institutions

Accommodation – renting or buying an apartment or house

Getting or using services – at shops, restaurants, banks, theatres, sports and social clubs, public transport, dentists, doctors, superannuation, insurance, credit and government services

Access to premises – going to public places like entertainment venues, shopping centres, libraries and parks

Laws or programs – if they are run or administered by the Commonwealth Government in an unfair way

The ADA is a federal law. That means it applies to everyone across Australia.

Some distinctions are allowed
The ADA says that there are some situations in the following areas where it may not be unlawful to make distinctions on the basis of age, including:

superannuation, insurance and credit
migration and citizenship
taxation and social security laws
some health programmes
youth wages or complying with industrial agreements and awards

‘Positive’ discrimination helps
There are occasions when people in a particular age group will need extra help. The ADA says that it is not unlawful to provide programs and support that meet an identified need of people in different age groups.

For example, ‘positive’ discrimination can include concessions for older Australians to receive certain medical services, like influenza shots, and special assistance to support homeless teenagers.

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A fair go at work

Age discrimination most commonly occurs in the area of employment. Stereotypes about young people and mature workers can greatly influence decisions made in the workplace.

The ADA protects you against discrimination at work. You can make a complaint to the Commission if you feel that, 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
harassed

It doesn’t matter if you are applying for a job, an apprentice or trainee, on probation, work part time or full time, or if you are a casual or permanent employee – you’re covered by the ADA.

The law extends to all types of employers including the Commonwealth and state governments, the private sector, charities and associations, as well as contract and commission based work, and recruitment and employment agencies.

You must be able to do the job
The ADA says that it’s not against the law to refuse someone a job if they can’t perform the ‘inherent requirements’ of the position because of their age.

In other words, you must be able to carry out the essential duties of the job. The employer should tell you what the job involves and what you must be able to do.

For example, a young person may not be able to meet the ‘inherent requirements’ of a courier job if they are not yet eligible for a driver’s licence.

Making the workplace a discrimination-free zone
Discrimination and harassment in the workplace can be costly on many levels. It can hurt individuals, cause disruptions to work and affect staff morale.

Gerhardt, 57, had recently joined the company when his two younger colleagues started harassing him. They would make bets on Gerhardt’s age and loudly ask each other when they thought he would ‘cark it’. Gerhardt was very upset by their behaviour. He became depressed and his work performance suffered.

Employers have a legal responsibility to take ‘all reasonable steps’ to prevent discrimination and harassment at work or in connection with a person’s employment. This is called ‘vicarious liability’.

What ‘reasonable steps’ means will depend on the workplace – for instance, what’s ‘reasonable’ for a large company will be different to a small business. However, all employers need to put in place policies and strategies to prevent discrimination and harassment from occurring.

Employees can help by drawing attention to issues when they happen and providing suggestions to address workplace discrimination, harassment and bullying.

Are you an employer? Need help?

The Australian Human Rights Commission has developed a range of practical, easy-to-read resources to help employers tackle discrimination and harassment in the workplace.

The resources look at workplace policies and procedures, complaint handling, recruitment and selection. There’s advice for small business and a directory of useful contacts and resources.

For more information visit: www.humanrights.gov.au/info_for_employers.

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Dealing with discrimination

If you feel you have been discriminated against because of your age, you can ask the Commissionfor help.

Our complaint handling service is free, informal and impartial.

We have strong track record in helping people to resolve their complaints quickly and fairly.

Bill is a keen traveller. However, when he turned 70 he was told that he could no longer take out yearly travel insurance and there would be restrictions on how long he could go travelling. The new policy was also more expensive. Bill contacted the Commission to complain. We organised a conciliation meeting where Bill and the insurance company could talk through the issues. As a result, the company apologised to Bill and agreed to change its policy so that he – and other older people like him – wouldn’t be disadvantaged.

How do I lodge a complaint?

You can write a letter, send an email or fill in our online complaint form at www.humanrights.gov.au/complaints_information. You should say what happened, when and where it happened and who was involved. We can help you write down your complaint if you need a hand and a complaint can be made in any language.

Fatima was doing well in her work. At 23 she was promoted to store manager and enjoying the responsibility. However, she was dismissed following a disagreement with the owner. The owner said that she was too young to manage a store. Fatima wrote to the Commission and told us what happened. We contacted the store owner and she denied making the comment. We then held a meeting with Fatima and the store owner and, after talking things through, they were able to resolve the complaint. Fatima received $1,500 in compensation.

How are complaints resolved?

We help people sort out their complaints through an informal process called ‘conciliation’.

Conciliation can happen in different ways, such as exchanging letters or emails or getting people together over the phone or in a face-to-face meeting.

Conciliation gives you and the other person involved an opportunity to express your point of view, talk through the issues and settle the matter on your own terms.

The Commission doesn’t take sides in a complaint. Our role is to help both parties understand the issues and suggest different ways to resolve the complaint.

Jenny, 54, was employed by a small retail firm as a full-time sales assistant. She was dismissed after the business was taken over by a new owner. She claimed this was because she was “too expensive to keep on”. Soon after Jenny’s dismissal the company advertised for a full time junior sales assistant. The company denied age was a factor in Jenny’s dismissal. The Commission held phone discussions with Jenny and the company agreed to pay her lost wages as compensation.

What sort of outcome can I expect?

We deal with lots of complaints and each complaint may get settled differently, depending on the issues involved.

However, agreements can include an apology, reinstatement to a job, compensation for lost wages, changes to a rule or putting in place anti-discrimination policies.

If conciliation doesn’t work, you can take your complaint to the Federal Court or the Federal Magistrates Court.

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Find out more

To find out more about the Age Discrimination Act and our current projects on age discrimination, visit www.humanrights.gov.au/age

If you’ve been discriminated against and want to know what you can do, contact our Complaints Infoline.

Phone: 1300 656 419 (local call) or 02 9284 9888
Email: complaintsinfo@humanrights.gov.au
Web: www.humanrights.gov.au/complaints_information
Address: GPO Box 5218
SYDNEY NSW 2001
Fax: 02 9284 9611
TTY: 1800 620 241 (toll free)
SMS: 0488744487 (0488 RIGHTS)