Understanding age discrimination
Age discrimination affects workers across the age spectrum. Younger workers may face assumptions about reliability or commitment, while older workers may face stereotypes about adaptability or skills.
Younger workers
- Assumed lack of experience
- Lower pay assumptions
- Overlooked for responsibility
- "Not ready" for promotion
Older workers
- Technology assumptions
- Denied training
- Targeted for redundancy
- Forced into retirement
Legal protections
Age discrimination in employment is prohibited under multiple laws:
Applicable legislation
Where age discrimination occurs
Age discrimination can happen at any stage of employment:
- Recruitment: Age limits in ads, assumptions about "fit" or energy
- Selection: Questions about age, "overqualified" rejections
- Terms: Different pay or conditions based on age
- Training: Excluding older workers from development
- Promotion: Passing over due to "succession planning"
- Redundancy: Selecting based on age or service length
- Retirement: Pressure or requirements to retire at certain age
No mandatory retirement
Compulsory retirement based on age is generally unlawful in Australia. Employers cannot force employees to retire at a particular age unless it can be shown that age is an inherent requirement of the position. The Australian Human Rights Commission provides guidance on this issue.
Preventing age discrimination
In recruitment
- No age in job advertisements
- Focus on skills and requirements
- Diverse selection panels
- Structured interview questions
In the workplace
- Equal training access for all ages
- Merit-based promotion
- Address age-based comments
- Flexible work for all life stages
Common age discrimination mistakes
"Cultural fit" as age proxy
Using phrases like "young and dynamic team" or "cultural fit" to exclude workers based on age assumptions.
Training exclusion
Not investing in training for older workers based on assumptions about their remaining career length.
Retirement conversations
Repeatedly asking older workers about retirement plans or when they intend to leave.
Key takeaways
Age discrimination laws protect workers of all ages from unfair treatment. Employment decisions should be based on skills, qualifications, and ability to do the job—not assumptions about age.
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