Melbourne Law School - Research Publications

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Non-discrimination on the grounds of age

Blackham, A ; Garben, S ; Adams-Prassl, J ; Purnhagen, K (Oxford University Press, 2021)

‘Direct discrimination’ means treating someone less favourably than another person ‘is, has been or would be treated in a comparable situation’ on the grounds of age; ‘indirect discrimination’ means applying an ‘apparently neutral provision, criterion or practice’ which would put persons of a particular age ‘at a particular disadvantage compared with other persons unless … that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary’. ‘Harassment’ is a type of discrimination which occurs ‘when unwanted conduct related [age] takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment’