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Know your rights about Age Discrimination

Understand age discrimination in employment and housing. Learn your rights and how laws protect older people from unfair treatment in Australia.

Older people’s rights Article 14 December 2012

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Summary

The Age Discrimination Act 2004 protects individuals across Australia from discrimination on the basis of age in many parts of public life, including employment, education, accommodation and the provision of goods and services.

What is age discrimination?

Age discrimination is when a person is treated less favourably than another person in the same or similar circumstances because of their age or age group.

For example, it could be ‘direct age discrimination' if a person is selected for redundancy simply because of their age.

Discrimination also happens when there is a rule or policy that is the same for everyone but has an unfair effect on people of a particular age or age group. This is called ‘indirect discrimination'.

For example, it may be ‘indirect discrimination' if an employer requires an older person to meet a physical fitness test – which more young people are able to meet – if the fitness standard is not necessary for the job in question.

One older white male engineer with grey beard and middle age black engineer wearing hard hats in an industrial setting

How can I be protected from age discrimination?

The Age Discrimination Act 2004 (Cth) (ADA) makes it against the law to treat you unfairly because of your age or age group in different areas of public life.

Learn more about Age Discrimination.

Learn more about making a complaint under the ADA.

What can I do to prevent discrimination?

Everyone can play a role to help ensure that people of all ages have the same opportunities as others.

The Commission undertakes a wide range of activities to build awareness about the rights and responsibilities of individuals and organisations under the Age Discrimination Act.

You can find out more about what we're doing by visiting the Age Discrimination section of our website.

About the Age Discrimination Commissioner

The Australian Human Rights Commission, through the Age Discrimination Commissioner, works with governments, the private sector and civil society to advocate for human rights to be considered in laws and policy-making.

The Age Discrimination Commissioner also raises awareness of human rights issues in Australia through media and public engagement and provides advice to government by making submissions to parliamentary inquiries.

The priority issues for the Commissioner are:

  • Ensuring positive workplace experiences for mature and older workers.
  • Enhancing the rights of older people to live free from abuse and mistreatment.
  • Reducing ageism, particularly in key social sectors such as health and aged care.
  • Strengthening national and international human rights frameworks for people of all ages.
  • Promoting the rights of First Nations and culturally diverse people as they age.

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