Part 4G Division 2 of the Anti-Discrimination Act 1977 (NSW) states that it is unlawful to discriminate against applicants and employees, commission agents, and contract workers on the basis of their age, with regard to their work conditions, employment (hiring), arrangements to hire, access to opportunities for promotion, and dismissal. Furthermore, it is illegal to discriminate against employees with regards to their age in determining who should be a partner in a firm, and also against local government councillors, members of industrial organisations and qualifying bodies.
It is not unlawful however, to discriminate against a person where employment is within a private household or private educational authority, if the person would be unable to carry out the requirements of their job, or if arrangements would need to be made in relation to the employee’s age, which would cause unjustifiable hardship on the employer.
It is not unlawful to discriminate in cases of:
- Genuine occupational qualification- dramatic performances, welfare (assisting people in a particular age group, therefore need to employ someone of a certain age)
- Offers to employees to participate in retirement schemes
- Refraining from hiring someone on the basis of their lack of legal capacity and welfare
- Provision of access to facilities, services etc specific to a certain age group
- Superannuation
- Insurance
- Credit applications
- Safety procedures- fitness to control a motor vehicle, etc.
- Some sporting activities.
How can Prime Lawyers help you?
If you feel that you have been unfairly discriminated due to your age, there are remedies available for you. The employment law team at Prime Lawyers can assist you in exploring these remedies and will advise you on your chances of success with any of the remedies. To do this, they will carefully consider your matter and tailor their advice to suit your individual situation, whilst keeping focus on achieving the best result for you.