The Age Discrimination Act 2004 applies in all states and territories within Australia and makes it unlawful to use age as a discriminating factor in an employment context. As with any statute, there are certain exemptions included within the Act. Complaints by age discrimination solicitors are made directly to Australia’s Human Rights Commission. These statutes are complex, wide reaching and replace any previous local laws enacted by the states and territories of Australia.
Nearly one third of Australia’s total population of more than 6 million are more than 50 years of age. That is a segment of our society which continues to steadily grow because of the advancements in the medical sciences and they represent an age group which is generally considered more likely to become a victim of age discrimination, though it is also perceived as a problem for individuals who are entering the job market for the first time after being full-time students. Our employment law solicitors are specialists who often deal with age discrimination claims for compensation and may use a no win no fee scheme to represent a client in a suitable case. When you need free advice regarding a possible age discrimination claim our solicitors can provide that advice with no further obligation from you should you decide against pursuing further action. Simply send us an email, call the helpline, or complete a contact form.
Our solicitors handle age discrimination claims for compensation that are due to either a direct discrimination case or the more subtle indirect variant, both are unfair and unlawful. A direct approach to age discrimination is an obvious or straight forward approach that leaves little doubt about the employers’ intent. It could include a blatant advertisement for employees that fit into a precise age group. The wiser employer chooses to use an indirect approach to age discrimination by placing obstacles to employment or advancement for those applicants or employees within a particular age group. Generally, a specific age group might respond better to incentives than those within a different age group. In some cases, the job’s requirements may dictate that it is filled by personnel of a particular age; this is known as positive discrimination and is normally considered acceptable, for example it would be acceptable to hire a teenager to fill the role of a teenager in a movie over someone more senior. An example of an unacceptable hiring practice might be imposing physical fitness standards for a clerical position to preclude application by most seniors.