While there is no specific legislation in Ireland that prohibits age discrimination, under the Employment Equality Act 1998-2015, it is against the law to discriminate against an employee on the grounds of their age as a protected ground. Under the act, it is openly stated that it is illegal to discriminate against an employee on the grounds of their age.
How is age discrimination defined?
As with other areas of discrimination, such as gender, religion, etc., discrimination, within the context of employment, is defined as treating one person less favourably than another in a similar position.
Although age discrimination is encountered most commonly during the recruitment process, it may also be observed when it comes to being passed up for promotions where older or younger workers are not considered.
What are some signs of age discrimination in the workplace?
Examples of age discrimination at work can vary widely and often may go unnoticed by the employee or candidate. Below are just some of the examples that may constitute age discrimination in the workplace.
- Your employer refers to you as “too old” for a particular task.
- You are not considered for promotions or new opportunities despite possessing the necessary skills/qualifications.
- Refusal to hire a younger candidate based on the supposition that they will shortly move on to another organisation.
- Your employer or co-workers attempt to convince you to retire or make your work more difficult.
- You are provided with a lesser degree of support than your younger colleagues.
Are there any situations where age discrimination in the workplace is considered legitimate?
Although age discrimination in the workplace is still a pervasive issue in Ireland, there are certain situations where it can be considered legitimate. These include:
- Health and safety concerns.
- Succession planning.
- The creation of a balanced workforce in terms of the age structure.
- Fairness and motivation for younger workers.
What should I do if I have been discriminated against?
If you believe that you have been discriminated against in the workplace based on your age, it is important to act swiftly as there is a six-month time limit for making your case.
If this is the case, ensure that you contact a solicitor with the requisite experience and expertise in the area of age discrimination to assist you with the process of lodging a complaint to the Workplace Relations Commission and/or seeking compensation.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*
