AGE DISCRIMINATION ACT 2004 - SECT 18 Discrimination in employment

AGE DISCRIMINATION ACT 2004 - SECT 18

  (1)   It is unlawful for an employer or a person acting or purporting to act on behalf of an employer to discriminate against a person on the ground of the other person's age:

  (a)   in the arrangements made for the purpose of determining who should be offered employment; or

  (b)   in determining who should be offered employment; or

  (c)   in the terms or conditions on which employment is offered.

  (2)   It is unlawful for an employer or a person acting or purporting to act on behalf of an employer to discriminate against an employee on the ground of the employee's age:

  (a)   in the terms or conditions of employment that the employer affords the employee; or

  (b)   by denying the employee access, or limiting the employee's access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment; or

  (c)   by dismissing the employee; or

  (d)   by subjecting the employee to any other detriment.

Exemption for domestic duties

  (3)   Paragraphs   (1)(a) and (b) do not make it unlawful for a person to discriminate against another person, on the ground of the other person's age, in connection with employment to perform domestic duties on the premises on which the first - mentioned person resides.

Exemption for inherent requirements

  (4)   Paragraphs   (1)(a), (1)(b) and (2)(c) do not make it unlawful for an employer to discriminate against another person, on the ground of the other person's age, if the other person is unable to carry out the inherent requirements of the particular employment because of his or her age.

  (5)   In deciding whether the other person is unable to carry out those requirements because of his or her age, take into account:

  (a)   the other person's past training, qualifications and experience relevant to the particular employment; and

  (b)   if the other person is already employed by the employer--the other person's performance as an employee; and

  (c)   all other relevant factors that it is reasonable to take into account.