What Is Age Discrimination In Workplace

What is age discrimination in workplace terms is a question best answered alongside its opposite, because not every age-based distinction is unlawful.

Distinctions that are generally lawful include junior pay rates set by an award or agreement, and genuine inherent requirements of a role where age is directly relevant, such as a legal minimum age for certain licensed work. Age-based superannuation and leave entitlements set by legislation also sit outside it.

What is not lawful is using those exceptions as cover. A physical requirement that is not genuinely needed for the job. A blanket assumption that someone cannot learn a new system. A restructure that consistently falls on one age band and is explained afterwards.

The test is whether the requirement is genuinely necessary and reasonable, not whether it is customary.

The Australian Human Rights Commission and the Fair Work Ombudsman cover this. This is general information rather than legal advice, and obligations vary by state and territory.

See Sentrient’s EEO training course and workplace policy templates.