How do I prove Age Discrimination in breach of the Fair Work Act?

The Fair Act 2009 (cth) includes provisions that protect employees against workplace discrimination. Unlawful workplace discrimination occurs when an employer takes adverse action against a person who is an employee or prospective employee because of certain attributes including the employee’s age. For example, an employer is prohibited from refusing to hire a prospective employee due to their age or from making an employee redundant based on their age.

There is a reverse onus of proof when it comes to making claims of adverse action. It is up the employer to prove that age discrimination did not take place rather than the employee to provide evidence that it did. The employer must prove that the reason they did not give a prospective employee a job, or the reason they dismissed an employee, was for reasons that did not include the employees age.

The Age Discrimination Act 2004 (Cth) does not provide for remedies for age discrimination. If an employee is concerned about age discrimination in the workplace speaking to an employment lawyer is recommended.