Part 4 Unlawful age discrimination
Division 2 Discrimination in work
Section 18
Division 2—Discrimination in work
18 Discrimination in employment
(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.
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Compilation No. 46
Age Discrimination Act 2004
Compilation date: 03/12/2021
Authorised Version C2021C00565 registered 10/12/2021
Registered: 10/12/2021