- (1)
- It is unlawful for an employment agency to discriminate against a person
on the ground of the person's age:
(a) by refusing to provide the person with any of its services; or
(b) in the terms or conditions on which it offers to provide the person
with any of its services; or
(c) in the manner in which it provides the person with any of its
services.
Exemption for inherent requirements
- (2)
- This section does
not make it unlawful for an employment agency to discriminate against
a person, on the ground of the person's age, if the person is unable
to carry out the inherent requirements of the work sought because of
his or her age.
- (3)
- In deciding whether the person is unable to carry out those requirements
because of his or her age, take into account:
(a) the person's past training, qualifications and experience relevant to the
work sought; and
(b) all other relevant factors that it is reasonable to take into account.
Definition
- (4)
- In this section:
"employment agency" means any person who, or body that, whether for payment or
not, assists persons to find employment or other work or assists employers to
find employees or workers.