While it is often forgotten about, age is a protected characteristic in law. In a nutshell, this means that employees and prospective employees cannot be treated unfavorably due to their age or perceived age.
What types of employment actions may constitute age discrimination?
Hostile treatment
The most blatant form of age discrimination is hostile treatment based on age or perceived age. For example, an employee may be ridiculed simply because they are older than their colleagues. This may be a “joke” that gets out of hand, verbal abuse and even physical violence.
If the negative actions are associated with age in any way, then this is discrimination.
Being held back due to age
Age discrimination can also occur in terms of being denied certain opportunities. For example, if a company withdraws someone from consideration for a role simply because of their age. Candidates should be measured based on their experience, skills and what they have to offer, and certainly not solely based on a protected characteristic.
Discrimination can be indirect
The aforementioned are examples of direct age discrimination, but it can also be indirect. Indirect age discrimination occurs when a policy applies to all workers, but impacts only older workers in a negative way.
For example, an employer may require all workers to pass a stringent fitness test, placing older workers at a potential disadvantage. If the job role does not require high levels of fitness, then this may be a move to isolate older workers from the company, and it could amount to discrimination.
If you have been treated unfairly due to your age, seeking legal guidance will help to assert your rights.
