Under the Age Discrimination Act it is unlawful to discriminate against a person on the basis of age in employment, further education, access to opportunities to rent property and other areas of public life.
However, there are limited exemptions. In relation to employment, it is not discrimination if a person cannot perform the inherent responsibilities of the job because of their age.
If financial settlement is unsuccessful through mediation, victims may be entitled to compensation in Court for pain and suffering and economic loss.
Rights to compensation
Anti-discrimination law is a fundamental part of the Australian legal system. International human rights law prohibits Australia from permitting unlawful discrimination in the course of employment, education, the provision of goods and services and other aspects of public life. Such rights are protected by both federal and state legislation which give courts the power to award significant financial compensation for pain and suffering and economic loss.
Direct and Indirect Discrimination
All discrimination legislation prohibits direct and indirect discrimination with some limited exceptions.
Direct discrimination is when an individual is victimised or treated less favourably because of their age. Indirect discrimination occurs when policies or principles are applied equally to all in a formal sense, yet their application has a discriminatory effect. For example, indirect discrimination would include an employer requiring that all employees resign at fifty years old.
Where to now?
If you believe you have experienced discrimination because of your age, please call us or send us an email for a free consultation to discuss your case.