May 2005

  

 

Employers and employment agencies supportive of older workers have been warned to check their Internet advertising and promotional material to ensure they are not discriminating on the grounds of age.

 

EEO Commissioner Dr Judy McGregor says the greying of the labour market has provided a niche market opportunity for agencies that want to promote the interests of mature job-seekers. But Internet advertising and promotional material must not discriminate on the grounds of age – whether against younger or older people.

 

“I strongly support efforts to ensure older people have the same opportunities as everyone else to enter employment, to be promoted, and chosen for training,” said Dr McGregor. “There is clear evidence that older workers suffer from negative stereotypes in some workplaces. However, this does not provide a licence for employers or employment agencies to limit equal employment opportunities by age.”

 

Advertising that indicates that only people over 40 years of age might apply or enrol in an employment agency potentially breaches the Human Rights Act 1993, which includes age as a prohibited ground of discrimination.

 

An employment agency that colludes with an employer to supply potential job applicants over a certain age only is also liable.   “Our advice is to stick with promoting the competencies for the job rather than the age of the applicant in information and advertising” said Dr McGregor.