A cut and paste of some of the legslation that CX management is faced with. This is why A scales have been offered.
Britain is changing
The Employment Equality (Age) Regulations 2006 came into force on 1 October 2006.
The regulations (which will not affect the age at which people can claim their state pension):
· ban age discrimination in terms of recruitment, promotion and training.
· ban unjustified retirement ages of below 65.
· remove the current age limit for unfair dismissal and redundancy rights.
· allow pay and non-pay benefits to continue which depend on length of service requirements of 5 years or less or which recognise and reward loyalty and experience and motivate staff
The Government’s new age discrimination laws will give individuals important new rights, extend existing rights and remove traditional barriers. Employees will have a statutory right to request working beyond compulsory retirement,
AUST
Age discrimination is clearly a problem for both younger and older Australians. In relation to older Australians, in particular, many recent reports have emphasised the negative consequences of age discrimination on the wellbeing of older Australians and the broader consequences for the community. There is also evidence that the ageing of Australia’s population will lead to an increase in the problem of age discrimination if Government action is not taken to address this issue. Government action is needed to address the generally unfounded negative stereotypes that employers and policy makers may have about both younger and older Australians, which limit their contribution to the community and the economy.4
The ‘Dominant Reason’ Test The ADA includes a dominant reason test in determining whether or not an act has been done ‘because of’ the age of a person. Section 16 provides:
Age discrimination under State and Territory law
Age discrimination is unlawful in all States and Territories in the areas of employment
The Workplace Relations Act 1996 contains a number of provisions
aimed at eliminating discrimination in employment, including on the ground of ageSection 170CK of the Act stipulates that an employer must not terminate an employee.s employment for reasons of, or including, discrimination on the ground of age.
HRC Report No. 1, Compulsory Age Retirement, examined complaints by four pilots who were compulsorily retired at age 60 from their employment with a major airline. The Human Rights Commissioner found that the policy of compulsory retirement upon attaining the age of 60 constituted discrimination on the basis of age. He recommended the repeal of compulsory retirement provisions in the Public Service Act 1922 and in other federal legislation. The Commissioner also recommended that the Commonwealth legislate to provide a comprehensive national prohibition of age discrimination.
USA
To prohibit age discrimination in employment. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that this Act may be cited as the "Age Discrimination in Employment Act of 1967". 2) the setting of arbitrary age limits regardless of potential forjob performance has become a common practice, and certain otherwisedesirable practices may work to the disadvantage of older persons; 1) to fail or refuse to hire or to discharge any individual orotherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because ofsuch individual's age; (2) to limit, segregate, or classify his employees in any way whichwould deprive or tend to deprive any individual of employmentopportunities or otherwise adversely affect his status as an employee,because of such individual's age; or (3) to reduce the wage rate of any employee in order to comply withthis chapter.
HONG KONG
Although these Guidelines are not backed by legislation, they set forth the best practices, which employers and employment agencies are encouraged to follow on a voluntary basis to the best of their ability. It
is also in the employers’ interest in ensure equal opportunities in employment. In doing so, employers will -
��gain trust and respect from their employees; and
��have a larger pool of talents from which to select the most
suitable staff to meet the manpower needs of the company.
What is meant by age discrimination in employment?
Age discrimination in employment occurs when an employee orprospective employee is subject to unfair or different treatment in respectof his or her employment on the ground of age. It may occur in the arrangements for recruitment, promotion, transfer or training, the access to terms and conditions of employment, voluntary departure or redundancy schemes, or retirement policies