In an era when diversity and inclusion dominate corporate agendas, there’s one form of discrimination that’s still slipping through the cracks—ageism. Despite legal safeguards, countless Australians find themselves sidelined, not for their skills or experience, but simply for the number of candles on their last birthday cake. The impact?
Careers derailed, confidence shattered, and a troubling silence around an issue that’s anything but talked about.
This article explores the legalities of age discrimination, the real-world consequences, and how individuals can stand up against this often hidden but pervasive workplace bias. Is it time we faced the uncomfortable truth about age in the workplace?
An Employment Lawyer from AKS Law can help guide you through the legal process if you believe you were discriminated against in the workplace due to your age.
What Age is Age Discrimination?
Age discrimination isn’t just an issue for those nearing retirement—it affects Australians of all ages. While the Age Discrimination Act 2004 is designed to protect everyone, research from Diversity Council Australia reveals that the impact of ageism can hit as early as age 45. Dr. Kay Patterson, the Age Discrimination Commissioner, highlights that complaints to the Australian Human Rights Commission come from across the age spectrum.
“We see young workers in their 20s being overlooked for promotions due to so-called ‘lack of experience,’ while older workers in their 60s are unfairly forced out of roles they’re fully capable of excelling in,” she says. This bias, no matter the age, reveals just how deeply rooted ageism is in our workplaces.
What Constitutes Age Discrimination?
Age discrimination can take many forms, it can be both direct and indirect. Direct age discrimination occurs when someone is treated less favourably because of their age. For example, a job advertisement requiring applicants to be under 40 years old is clearly age discrimination.
Indirect discrimination is sneakier, often flying under the radar. It might pop up in everyday policies that seem neutral on the surface, but end up disadvantaging certain age groups. Take, for example, a company that only provides training opportunities to recent graduates—on paper, it looks fair, but in reality, it leaves older workers out in the cold. These subtle practices are harder to spot but can be just as damaging, quietly reinforcing age-based exclusion in the workplace.
Some common examples of age discrimination in the workplace include:
- Being passed over for promotions or training opportunities
- Receiving less favourable work assignments
- Being subjected to age-related jokes or comments
- Being pressured to retire
- Having your competence questioned, especially regarding technology
Is Age Discrimination Against the Law?
Yes, age discrimination is illegal in Australia under both federal and state/territory laws. The Age Discrimination Act 2004 explicitly prohibits treating someone unfairly based on age across various aspects of public life, including employment.
Robert Tickner, co-chair of the EveryAge Counts campaign and former Labor Party cabinet minister, drives the point home: “Age discrimination in Australia is absolutely illegal. Every state and territory, along with the national parliament, has made it against the law.”
However, there are some exceptions. If a job has specific age-related requirements, like a liquor store needing employees to be over 18, it’s legal to make age a factor. But outside of these rare cases, ageism has no place in our workplaces or society.
How Can You Prove Age Discrimination?
Proving age discrimination is another thing altogether. It can be challenging if there is no solid evidence. This is because age discrimination often involves subtle behaviours and attitudes rather than overt actions. However, there are several ways to build a case:
- Document everything: Keep a detailed record of incidents, including dates, times, and witnesses.
- Gather evidence: Save emails, memos, or other communications that might demonstrate age discriminatory intent.
- Compare treatment: If possible, show how younger or older colleagues in similar positions are treated differently.
- Identify patterns: Look for systemic issues that might affect workers of a certain age group.
- Seek witness statements: Colleagues who have observed discriminatory behaviour can provide valuable witness testimony.
Dr. Patterson cautions that while complaints can be hard to test, successful cases do occur. She cites two examples:
“A 56-year-old kitchen hand who stopped getting casual shifts was told a younger person was replacing him to cope with the busy Christmas period. He received approximately $1,800 in lieu of four weeks’ notice.”
“In another case, a 75-year-old had his hours cut after the HR manager found out his age. He was awarded around $4,500.”
What Actions Can You Take?
If you believe you’re facing age discrimination at work, there are several steps you can take:
- Address the issue internally: Start by discussing your concerns with your supervisor or HR department.
- Seek legal advice: Consult with AKS Law to speak to our employment lawyers who can help you understand your rights and options.
- File a complaint: You can lodge a complaint with the Australian Human Rights Commission or your state’s anti-discrimination body.
- Consider union support: If you’re a union member, they may be able to provide assistance and advocacy.
- Document everything: Keep detailed records of all incidents and communications related to the discrimination.
Tim Hessell, who experienced age discrimination at 48 when a company restructure made his role redundant, advises: “Don’t be afraid to speak up. I wish I had addressed the issue earlier rather than trying to prove my worth by working even harder.”
Recent Statistics and High-Profile Cases
Age discrimination is still all too common in Australia. According to the Australian Human Rights Commission, nearly 30% of Australians over 50 have faced ageism at work in the last two years.
One case that put this issue in the spotlight was that of Nick Chan, a former Seven West Media executive. In 2020, Chan won a major victory when the Federal Court ruled that his firing at age 57 was unlawful. The court found his age was a key reason for his dismissal, despite the company’s claims of restructuring.
Another ground-breaking case was brought by former Queensland Industrial Relations Commissioner Dianne Acton. In 2019, she successfully challenged a rule forcing commissioners to retire at 65, proving that age shouldn’t be a barrier to holding high-level positions. These cases are reminders that fighting ageism is not only possible, but necessary.
Changing the Narrative
As Australia’s population ages and people continue working later in life, tackling age discrimination is more important than ever. Dr. Patterson stresses the need for a cultural change: “The climate you set will be the climate you inherit. Employers must recognize the value of having a range of age groups in the workplace, tapping into both experience and fresh perspectives.”
Addressing ageism requires more than just legal safeguards—it calls for updated workplace policies and a shift in how we, as a society, view age. By challenging stereotypes and recognizing the contributions of workers across all age groups, Australia can build more inclusive, dynamic, and productive workplaces.
Moving forward, it’s clear that a person’s age shouldn’t dictate their worth or abilities. Tackling age discrimination head-on is the key to creating a fairer and more prosperous future for workers of all generations.
Need an Employment Lawyer for Age Discrimination?
If you believe you’ve been treated unfairly in the workplace due to your age, don’t wait—stand up for your rights. Contact AKS Law today for expert guidance on navigating age discrimination and protecting your career. Our experienced employment law team is here to help you take the next steps with confidence. Reach out for a confidential consultation!
If you need our help, contact AKS Law today for expert guidance and professional legal representation. To get in touch, please call or email:
Tel: 07 3180 0144
Email: admin@akslaw.com.au
