Age discrimination

Australia makes a big deal in regard to anti-discrimination especially in the workplace.

 All Australian employees regardless of who they work for, or the size of the company, have rights to be protected from unlawful discrimination.

Unlawful discrimination is unfavourable or less favourable treatment on the basis of protected attributes. But what is this discrimination?

A firm offering assistance in this regard define discrimination on the basis of the following attributes:

o    Race discrimination

o    Sex discrimination

o    Age discrimination

o    Disability discrimination

o    Sexual orientation discrimination

o    Marital status discrimination

o    Breastfeeding discrimination

o    Employment activity discrimination

o    Gender identity discrimination

o    Industrial activity discrimination

o    Lawful sexual activity discrimination

o    Parental status or status as a carer discrimination

o    Physical features discrimination

o    Political belief or activity discrimination

o    Pregnancy discrimination

o    Religious belief or activity discrimination

o    Criminal record discrimination

o    Personal association (whether as a relative or otherwise) with a person who is identified by reference to any of the above attributes

All of this legislation can get very complicated where for example a lady won an award of $250,000 against an employer when a picture fell on her head during a sexual encounter in a hotel where she was attending a conference on behalf of work.

Specifically however AGE DISCRIMINATION at a time when people are living longer and able to work should be a major issue.

Fact is that when people get on in age, say from 65 as a designated government retirement age, it is almost impossible to obtain employment. While they do not admit it, international organisations including the UN have cut off age points so people can waste their time applying for work when they have absolutely no chance of ever being selected.

While age discrimination legislation (for over 40s) includes encouraging words such as “no discrimination when it comes to any aspect of employment, including hiring, firing etc.. these are only words and when in many cases the individuals doing the hirings are half the age of the applicants all they can possibly see before them is their grandfather. Young people feel uncomfortable giving orders to people older being reminded of their parents. There is also the perception that older workers are not as capable when in most cases the opposite is the case. Older workers don’t go clubbing, have fewer hangovers and less days off work, so why the bias. Grandpa?

Some exceptions have applied as with leading cases in the US in regard to pilots where exceptions have been granted in light of public safety issues which might be true or just a way of cutting costs for very senior pilots. Consider that older pilots might have more experience to handle an emergency. This also applies to other areas of employment where experience and institutional memory can be valuable.

Except for the cost. The reality is that in many organisations, government, UN agencies and airlines included, salaries go up with years of service. Insurance costs for employees also go up and quite considerably so this is something employers wish to avoid. There is also a perception that older people would require higher salaries than others, a two edged sword since if they are happy to accept a figure lower than their last employment, they can be considered as no good or desperate. Unless someone has the contacts to ensure bringing in new business, they don’t have an advantage, and here again is the run where the older person’s contacts have now retired. You want young people with young contacts and the ability to build up new networks.

The problem overall is that despite the window dressing, someone discriminated against can forget trying to get anything done about it. If fired because of age it is simple to argue that a person is no longer as competent and there are many ways of manufacturing this. In trying to find a job, forget discrimination given that an employer can hire whoever they like on any specifications they like. Consequently all of this anti-discrimination legislation against the aged is smoke and mirrors.

So how does one tackle this problem?

In the private sector it is very difficult to gain entry at a 60 plus level. This especially in regard to cost. Which leaves the public sector and here there is some legal protection where fairness needs to be seen to be done and cost is not the same factor.

Under Australian federal law, Section 45 of Disability Discrimination Act 1992, applying for government positions includes a regulation where an applicant can elect to be classified as having a disability, in which case go straight to the interview stage. Having a disability would include any long term condition resulting in restriction…” Getting older would be a “long term condition”.  

The Catch 22 again under this legislation is that again, the employer can still make a decision to hire anyone they like and a younger person while being able to say they had tried to give the disadvantaged a chance. At least there would be good grounds for appeal against any decision where the employer would have to justify why a more experienced person was not chosen. On the other hand governments want to be seen as fair in their dealings so it may be the way that age can make the difference.

Which ever way it goes, the problem is serious where the aged forced into retirement earlier than governments had forseen and with ever rising costs will die destitute and miserable having to rely on government handouts which future generations will need to fund.

Legal reference:

In Australia, you are afforded protection from discrimination by the Sex Discrimination Act 1984 (Cth), the Racial Discrimination Act 1975 (Cth), the Disability Discrimination Act 1992 (Cth), the Age Discrimination Act 2004 (Cth), the Equal Opportunity Act 2010 (Victoria), the Anti-Discrimination Act 1991 (Queensland), the Anti-Discrimination Act 1977 (New South Wales), the Anti-Discrimination Act 1998 (Tasmania), the Equal Opportunity Act 1984 (Western Australia), the Equal Opportunity Act 1984 (South Australia), the Discrimination Act 1991(Australian Capital Territory), the Anti-Discrimination Act (Northern Territory), and the Fair Work Act 2009 (Cth).