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Legal > Defamation & Discrimination Law

Age Discrimination:

Overview FAQs Articles Locations

Discrimination, as an unlawful act, is usually described as direct or indirect treatment of another person which is unfavourable and based on a defined unlawful ground or attribute. The unlawful ground may be age, sex, sexual orientation, race or religion.  In some jurisdictions it is sufficient that the person was treated unfavourably because of that attribute without the need for a comparator. Indirect discrimination is constituted by subjecting a person or group to less favourable treatment than another person or group that results from an attribute they possess, for example, race, sex or disability, and arises through the imposition of a requirement or condition on the first person or group that does not operate, or operates with less difficulty, on the other person or group. A qualified Discrimination Lawyer may be able to assist you throughout any matter related to this.

Age discrimination is when a person is treated less favourably than another person in a similar situation, because of their age. For example, it could be ‘direct age discrimination’ if an older applicant is disregarded for their job because of assumptions as to their level of technological competencies. It is also age discrimination when there is a rule or policy that is the same for everyone but has an unfair effect on people of a particular age. This is called ‘indirect discrimination’. This includes requiring applicants to be subjected to an eye test, which generally a younger person would more easily meet if the vision standard is not an inherent requirement of the job. A skilled Discrimination Lawyer could be immensely useful in handling your discrimination law matter.

Aged or elderly workers may bring immense value to the workplace and community. In fact, there is evidence to suggest that it is perfectly normal for aged, even elderly persons, to be working, driving and active in their community, even though some others may be restricted in movement and require high levels of care.

Furthermore, age discrimination may arise from negative and inaccurate stereotypes about ageing. Our society tolerates a range of negative stereotypes about older people, for example all older people are mentally and physically weak, stubborn, out of date, unable to learn, seriously unhealthy, in all, a burden to society. When a society accepts these images, it is not surprising that older people are treated worse just because of their age, in employment, in financial and other important services, in having their views and choices respected. These actions all constitute various forms of age discrimination. Not only are they denied fair treatment, but this negative stereotyping actually damages their health.

The Discrimination Lawyers at Navado Lawyers & Solicitors have advised on Discrimination law for many years and deliver intelligent, expert advice on this area of international law. If you need further legal advice on your Discrimination law matter, you may book an appointment with us by telephone or by email to info@navado.com.au. Alternatively, you see one of our qualified Discrimination solicitors at one of our branch offices. For a complete listing please see our "Locations" tab.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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