Your Right to a Fair Go Brochures
Age discrimination
Discrimination is treating someone unfairly or less favourably because of a personal characteristic. In Victoria it is against the law to discriminate against someone because of their actual or assumed age.
Discrimination on the basis of age occurs across all age groups.
Examples
Garry notices his younger co-workers at the factory are receiving training on the new machinery. When he asks why he has not been invited to the training sessions, Garry’s supervisor tells him he is getting a bit old to learn new tricks and should stick to what he knows.
Geoff does not want to retire but is forced to by his boss. Compulsory retirement is against the law.
When is discrimination against the law?
Discrimination laws apply to public behaviour, not to private conduct.
Public areas covered by the law include accommodation, clubs and club members, disposal of land, education, employment, goods and services, sport and local government.
Example
Alison is asked her age at a job interview and then refused the position because the employer wants a younger person for the role.
A restaurant advertises that it will refuse service to children under the age of 12.
Exceptions
Discrimination may be permitted in the following scenarios:
- restricting the age for voting
- hostel accommodation that can cater for a particular age group
- employers can pay youth wages to a worker younger than 21 years
- benefits such as discounted cinema tickets can target an age group such as those over 65 years.
How can the Victorian Equal Opportunity and Human Rights Commission help?
We help resolve complaints of discrimination by offering a confidential, free and impartial resolution service with the aim of achieving a mutual agreement.
Representative Complaints
Victoria's equal opportunity laws were amended in October 11 2006 making it possible for a person or representative body to lodge a complaint with the Commission on behalf of a named person or persons who believe they have been subjected to discrimination or sexual harassment. A representative must be either a person with the same complaint or an organisation with sufficient interest in the complaint.
Contact our free and confidential Advice Line: (03) 9281 7100
TOLL FREE (country callers) 1800 134 142
TTY: (03) 9281 7110
Email: information@veohrc.vic.gov.au
Free interpreters are available on request.
The VEOHRC complies with Victorian privacy laws and the confidentiality provisions of the Equal Opportunity Act 1995. For a copy of the VEOHRC’s privacy policy, please go to www.humanrightscommission.vic.gov.au/privacy or contact the VEOHRC.
DISCLAIMER: This information is intended as a guide only. It is not a substitute for legal advice.
Authorised and printed by the Victorian Equal Opportunity and Human Rights Commission, 3/380 Lonsdale St, Melbourne, Victoria, 3000
April 2007
