Concept of age discrimination Part 3 Section 14 Part 3—Concept of age discrimination 14 Discrimination on the ground of age—direct discrimination For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the age of the aggrieved person if: (a) the discriminator treats or proposes to treat the aggrieved person less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat a person of a different age; and (b) the discriminator does so because of: (i) the age of the aggrieved person; or (ii) a characteristic that appertains generally to persons of the age of the aggrieved person; or (iii) a characteristic that is generally imputed to persons of the age of the aggrieved person. 15 Discrimination on the ground of age—indirect discrimination (1) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the age of the aggrieved person if: (a) the discriminator imposes, or proposes to impose, a condition, requirement or practice; and (b) the condition, requirement or practice is not reasonable in the circumstances; and (c) the condition, requirement or practice has, or is likely to have, the effect of disadvantaging persons of the same age as the aggrieved person. (2) For the purposes of paragraph (1)(b), the burden of proving that the condition, requirement or practice is reasonable in the circumstances lies on the discriminator. Age Discrimination Act 2004 Compilation No. 46 Compilation date: 03/12/2021 Authorised Version C2021C00565 registered 10/12/2021 13 Registered: 10/12/2021