FROM ANTI-DISCRIMINATION BOARD (NSW)

Phone :	02 9318 5444 or 1800 670 812 (freecall STD) or TTY 02 9310 2376
Newcastle:	02 4926 4300
Wollongong:	02 4226 8190
Website :	Also visit our internet site for copies of our brochures and frequently asked questions at http://www.lawlink.nsw.gov.au/adb

Age discrimination - what you need to know

Have you been discriminated against because of your age? 'Ageism' or prejudice against people based on their age is well and truly alive, just as racism and sexism are a fact of life. However the Anti-Discrimination Act, 1977 (NSW) gives you the right not to be discriminated against or harassed because of your age.

Age discrimination covers people of all ages, from birth to older age and anyone treated unfairly because they are related to or associated with someone of a certain age. The law covers discrimination only if it happens in the following situations.

When it's about your job
Employment issues can cover most matters to do with:
· recruitment such as advertising and interviewing,
· on the job practices such as training, promotions, benefits, or
· separation issues such as dismissals, redundancies and retirements.
For example employers can no longer retire someone from employment because of their age. A woman who worked as a receptionist in a Hotel Motel was retired when she reached 60 years of age. She wrote a complaint to the Anti-Discrimination Board stating she wanted her original job back. The employer offered her reduced hours and a different shift which she refused. They could not settle the matter and it went to court where she was awarded the sum of $9,933.

Getting the goods and services you are entitled to
Organisations that offer goods and services such as those provided by health providers, insurance companies, retail stores, local councils or State Government Departments must ensure that they do not discriminate. For example you can't be denied a good or a service because of your age. A 67 year old woman received marketing mail inviting her to apply for a credit card with a financial institution. When she followed it up she was told that there was a rule that all people on age pensions were ineligible regardless of their incomes. The Anti-Discrimination Board provided her with information on age discrimination, and after much negotiating, she was able to get a credit card. The financial institution also agreed to drop this requirement.

Your right to education

In public education it is against the law for an educational institution to refuse to enrol you because of your age. But they can set up a special course based on a person's age to meet their special needs. For example, a TAFE course for mature workers aged over 45 years old who have been made redundant that is helping people access employment would not be unlawful under the Act.

A place called home
When applying to rent or when renting accommodation, treating someone differently because of their age may be discriminatory. An advertisement for example, which says that 'people aged over 30 years need not apply' is discriminatory. Another example of a person acting against the law is where a new apartment block is marketed to trendy young people and the agent will not allow a person who is looking after their elderly mother to rent or buy in the block.

However retirement villages, hostels and other housing developments which are purpose built for older people and comply with local government planning requirements are not unlawful because they meet a special need.

Belonging to a registered club
Places licensed to sell alcohol called registered clubs may not refuse an application for membership or restrict membership on the grounds of age but they are allowed to offer concessions to members because of their age. Nor can a club retire a director at any age.

Exceptions to the law
Not all kinds of unfair treatment are against the law. Sometimes discrimination is 'desirable' such as when it meets a special need of a particular age group or if it protects a particular age group. That's why concessions and discounts offered to seniors are not considered unlawful and why alcohol can not be sold to people under the age of 18 years.

Unfair treatment and discrimination
Sometimes the kind of unfair treatment or discrimination you experience simply isn't covered by the law. For example, the Act does not cover neighbourhood disputes. But that shouldn't stop you from letting the other party know that you feel their treatment is unfair.

If you are experiencing discrimination in any of the areas described above, you should first try to work it out with the other party. If you have exhausted your possibilities with them, you have the right to make a complaint to the Anti-Discrimination Board. It is important to phone first to find out if it is covered by the law, or if there may be a another way to solve the problem. Stand up for your rights and let's kick age discrimination in 1999!

The Board is eager to spread the word on preventing all forms of discrimination through our education and training work so that people are better informed about where they stand. We are targeting age discrimination issues during the International Year of Older People and can provide training on anti-discrimination laws to assist groups.

Phone :	02 9318 5444 or 1800 670 812 (freecall STD) or TTY 02 9310 2376
Newcastle:	02 4926 4300
Wollongong:	02 4226 8190
Website :	Also visit our internet site for copies of our brochures and frequently asked questions at http://www.lawlink.nsw.gov.au/adb

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