Age discrimination at work
It's illegal for an employer to discriminate against you because of your age, whether in the workplace or when you apply for a job.
What age discrimination is
Some common examples of age discrimination include an employer thinking someone:
- cannot manage technology or learn new skills because they’re older
- is likely to take parental leave
- will not fit in with the company culture because they are not the same age as other staff
- cannot be included in staff schemes, such as insurance or healthcare, because of their age.
New Zealand has no compulsory retirement age and more than 20% of people over 65 are still working.
Who gets legal protection
If you’re suitably qualified for a job and over 16, an employer cannot discriminate against you because of your age. This applies to all aspects of employment including:
- recruitment and selection
- your pay and conditions
- training and promotion
- ending your employment.
The law applies to both full-time and part-time work, even if you’re:
- working on contract
- a volunteer worker
- looking for work through a recruitment agency.
As well as employers, the law also applies to how you’re treated by professional or trade associations, qualifying bodies and vocational training bodies.
Exceptions
There are some exceptions. An employer can:
- pay you less than older people if you’re under 20
- refuse to hire you if it’s genuinely important that you need be a certain age for a particular job — for example, serving in a bar or joining the police.
If you’ve been discriminated against
Age discrimination can sometimes be hard to prove. The first thing to do is to discuss your problem with:
- the Human Rights Commission, or
- Employment New Zealand, part of the Ministry of Business, Innovation and Employment (MBIE).
They’ll talk the problem through with you and help you decide what to do next.
Contact the Human Rights Commission
Contact Employment New Zealand
Resolving the problem
There are several ways the Human Rights Commission and MBIE can help you to resolve your problem. They’ll work with you to decide what to do. This could be making a phone call to the employer for you or arranging mediation so everyone involved can talk the problem through.
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