Age the forgotten page in discrimination law
Experts warn that many job advertisements may actually be in breach of human rights law.
They say terms commonly used in job advertisements such as; “young”, “recent graduate,” or “new graduate”, could breach the Age Discrimination Act.
Age discrimination is not as strongly avoided as sexual, racial or other forms, but when companies are selective based on age, the effects on individuals and productivity are just as profound.
While terms like “new” or “recent graduate” may not explicitly refer to youths alone, statistics show that candidates fresh from university are likely to be aged under 24.
A human resources lawyer has sought to provide more clarity for the potentially tricky area.
“Under our Age Discrimination act it is certainly unlawful to treat a person less favourably because of age,” law firm Nevett Ford’s director Philip Brewin has told Human Capital Magazine.
“If someone applied and didn’t get the job they would be able to complain – the philosophy behind age discrimination is not to treat someone in a predetermined way because of their age. One should not use the word young – it’s very dangerous in my view.”
Brewin said the reverse was dangerous too, as some employers hint that older candidates will not be successful, without actually using the word “young”.
“Again it would be arguable that it is discrimination in these situations, but it is not as clear cut,” Brewin said.
“It’s best to avoid any risk.”
He said even claiming to seek “fresh thinking” candidates or “new graduates” is risky, as it could discriminate against graduates who are equally qualified, or highly imaginative, despite not being ‘fresh’ out of university.