Age Discrimination at Work - Know Your Rights

Australians are not only living longer, many are working longer -- in many cases well past the traditional retirement age.

One unfortunate side-effect of this longer working life has been an increase to the number of people discriminated against because of their age, whether through the loss of a job or some other adverse treatment.

While official statistics confirm a rising trend, reported cases may be the tip of the iceberg, as many older workers are either unsure about their legal rights or nervous about the process of seeking recourse.

In a recent case, a restaurant worker returned from long service leave only to be told that he would now be working part time.

After meeting with his employer and raising a number of issues, he was sent a letter informing him that his employment would be terminated on his sixty-fifth birthday.

In court it was successfully argued that this action had been unlawful, with the restaurant owners ordered to pay almost $40,000 in compensation and other penalties.

While this area of law is relatively new, with the Age Discrimination Act only introduced in 2004, there is a strong legal protection for employees from a range of discrimination based on their age, whether it is a direct or indirect for of mistreatment.

Put simply, it is illegal to sack an employee simply because of their age.

There may be exceptions; such as if the inherent physical requirements of a particular position mean it cannot be carried out by someone of a particular age.

Anti-discrimination laws also prohibit a worker being sacked or adversely treated because of their race, gender, sexual orientation, marital status, pregnancy, family responsibilities, disabilities, religion, or political views.

If you have been discriminated against at work you may have the right to seek compensation, along with other penalties.

Legal action may potentially be taken against both your employer, as well as any co-workers who were responsible for the discrimination.