A simple staffing sign at a Belconnen Westfield seafood shop has opened up a much larger discussion about discrimination in Australian workplaces—and it's one that affects many of us, particularly those over 50 who are still working or looking for employment.
The controversy began when a 'MEN ONLY' caveat appeared prominently on a job advertisement for junior service staff at the fish shop.
While manager Hasan quickly explained it was a miscommunication—the sign was meant to advertise for a physically demanding fishmonger role but got muddled with their front-of-house position—it highlighted how easily workplace discrimination can occur, even unintentionally.
'It was a mistake. He did not get our actual message that we were discussing,' Hasan told Yahoo Finance. 'The guy did not have adequate knowledge of what discrimination is... He just put it there.'
The sign was removed within 30 minutes, and the business has updated its protocols to prevent similar incidents. But the episode serves as a timely reminder that workplace discrimination remains a significant issue across Australia.
Discrimination is rising, not falling
Recent research from the Diversity Council Australia shows that nearly 1 in 3 (30 per cent) workers experienced discrimination and/or harassment at work in 2023, up by 8 per cent from 22 per cent in 2021, and 4 per cent higher than the pre-pandemic figure of 26 per cent in 2019.
This trend is particularly concerning for older Australians in the workforce. The Australian Seniors Series: Gen Seen Report 2024 found over three-quarters (76 per cent) of Australians 50 years old and above acknowledge the presence of ageism in their work environments, with more than two in five (42 per cent) feeling less visible at work after turning 50.
'I continually receive representations from older Australians who have worked all their lives, are experienced, qualified, eager and open-minded, yet who can't get a look in when it comes to paid work'
The data suggests we're moving backwards rather than forwards on workplace equality, despite increased awareness and legal protections.
Age discrimination: A particular concern for seniors
While the Westfield incident involved gender discrimination, age discrimination presents an equally serious challenge for many Australians over 50. Research from the Australian Human Rights Commission and the Australian HR Institute indicates that nearly one in six organisations are reluctant to hire individuals aged 65 or older.
In another 2024 survey conducted by the Michael Page recruitment group, preventing age discrimination in the workplace emerged as the top diversity, equity, and inclusion priority for employees.
The impact goes beyond individual frustration. With life expectancies approaching 100 years in the foreseeable future, if people left the workforce at age 50 due to discrimination or negative attitudes they could have another 50 years of life without paid work.
Your legal rights have been strengthened
The law is on your side, and recent changes have made protections stronger than ever. The year 2024 was the first full year requiring employers to comply with the new positive duty to take reasonable and proportionate measures to eliminate sexual harassment, sex discrimination and victimisation in the workplace.
This 'positive duty' means employers can't just wait for complaints—they must actively work to prevent discrimination before it happens.
New positive duty requirements for employers (2024)
Under updated federal legislation, employers must now:
- Take reasonable steps to prevent discrimination before it occurs
- Implement sophisticated monitoring and reporting systems
- Provide meaningful training and education to staff
- Create policies that foster safe, respectful and inclusive cultures
- Address potential discrimination issues proactively, not reactively
Employers guilty of discrimination may face penalties, including fines and orders to compensate affected individuals and potential damage to their reputations.
Recent legislative reforms mean that if you're successful in a discrimination claim, you can now have your legal costs paid even if you're only successful on one ground, while unsuccessful respondents generally bear their own costs.
Understanding direct and indirect discrimination
Discrimination doesn't always look like a 'MEN ONLY' sign. Take, for example, a company that only provides training opportunities to recent graduates—on paper, it looks fair, but in reality, it leaves older workers out in the cold. These subtle practices are harder to spot but can be just as damaging, quietly reinforcing age-based exclusion in the workplace.
Common examples of age discrimination include:
- Being passed over for promotions or training opportunities
- Exclusion from company social events or informal networks
- Comments about 'keeping up with technology' or being 'set in your ways'
- Restructuring roles to push out older employees
- Using age-related language in job advertisements
Your rights as an older worker
- It's illegal to discriminate based on age in hiring, promotion, or dismissal
- Employers must provide equal access to training and development opportunities
- You can't be forced to retire at a specific age (except in very limited circumstances)
- Complaints can be made to the Australian Human Rights Commission at no cost
- You have the right to reasonable workplace adjustments if needed
What to do if you face discrimination
If you believe you've experienced workplace discrimination, document everything. Save emails, memos, or other communications that might demonstrate discriminatory intent. Compare treatment with how younger or older colleagues in similar positions are treated differently. Look for systemic issues that might affect workers of a certain age group.
Under federal law, complaints are initially handled by the Australian Human Rights Commission, which attempts to resolve the matter through conciliation before the complaint can be taken to the Federal Court or Federal Circuit Court.
The business case for age inclusion
Smart employers are recognising the value of experienced workers. 'Many older workers can offer the knowledge, skills, and wisdom that businesses are currently seeking. Employers just need to shift their perspective, trust the data and stop buying into myths about older workers.'
Research shows older workers excel when it comes to coping with stress, attendance, reliability, awareness, commitment and loyalty. There are benefits for businesses hiring mature age people and having a multigenerational workforce, including having access to different perspectives and experiences.
Resources for older workers
If you're facing workplace challenges, you're not alone. The Australian Human Rights Commission offers specific resources for older workers, including guides on employment rights and retirement planning.
Free resources are available at the Older Workers Resource Hub on the Australian Human Rights Commission website. You can also contact your state's anti-discrimination commission for advice specific to your situation.
Did you know?
Did you know?
The Australian Human Rights Commission offers free phone consultations at 1300 656 419, and the Fair Work Ombudsman can be reached at 13 13 94 for employment-related discrimination queries.
What This Means For You
The Westfield seafood shop incident was quickly resolved, but it reminds us that vigilance around workplace fairness remains essential. Whether it's a blatant 'MEN ONLY' sign or subtle age-related bias, discrimination in any form undermines the principle that all Australians deserve equal opportunities at work.
As our population ages and more people work longer, creating inclusive workplaces isn't just the right thing to do—it's an economic necessity. The knowledge and experience you've gained over decades of work shouldn't be dismissed because of outdated stereotypes.
Have you encountered age discrimination in your workplace, or do you have experiences with inclusive employers who value mature workers? We'd love to hear your stories and thoughts in the comments below.
Primary Source
https://au.finance.yahoo.com/news/w...for-staff-he-just-put-it-there-031243530.html
2023-2024 Inclusion@Work Index: Workers are feeling disillusioned post-pandemic—Diversity Council Australia
Cited text: Worryingly, discrimination and harassment are also on the rise with nearly 1 in 3 (30 per cent) workers experiencing discrimination and/or harassment at work ...
Excerpt: Recent research from the Diversity Council Australia shows that nearly 1 in 3 (30 per cent) workers experienced discrimination and/or harassment at work in 2023, up by 8 per cent from 22 per cent in 2021, and 4 per cent higher than the pre-pandemic figure of 26 per cent in 2019.
https://www.dca.org.au/news/media-releases/workers-feel-disillusioned-post-pandemic
2024 in review: Another year of missed workplace age-inclusion opportunity — Encourage Equality
Cited text: The Australian Seniors Series: Gen Seen Report 2024 found over three-quarters (76 per cent) of Australians 50 years old and above acknowledge the presence of ...
Excerpt: The Australian Seniors Series: Gen Seen Report 2024 found over three-quarters (76 per cent) of Australians 50 years old and above acknowledge the presence of ageism in their work environments, with more than two in five (42 per cent) feeling less visible…
https://encourageequality.au/equali...of-missed-workplace-age-inclusion-opportunity
2024 in review: Another year of missed workplace age-inclusion opportunity — Encourage Equality
Cited text: 2023 research from the Australian Human Rights Commission and the Australian HR Institute indicates that nearly one in six organizations are reluctant...
Excerpt: Research from the Australian Human Rights Commission and the Australian HR Institute indicates that nearly one in six organisations are reluctant to hire individuals aged 65 or older.
https://encourageequality.au/equali...of-missed-workplace-age-inclusion-opportunity
2024 in review: Another year of missed workplace age-inclusion opportunity — Encourage Equality
Cited text: In another 2024 survey conducted by the Michael Page recruitment group, preventing age discrimination in the workplace emerged as the top DEI priority...
Excerpt: In another 2024 survey conducted by the Michael Page recruitment group, preventing age discrimination in the workplace emerged as the top diversity, equity, and inclusion priority for employees.
https://encourageequality.au/equali...of-missed-workplace-age-inclusion-opportunity
Age discrimination in the workplace rife: report—Australian Ageing Agenda
Cited text: Ms Ryan noted that with life expediencies approaching 100 years in the foreseeable future, if people left the workforce at age 50 due to discriminatio...
Excerpt: With life expectancies approaching 100 years in the foreseeable future, if people left the workforce at age 50 due to discrimination or negative attitudes they could have another 50 years of life without paid work.
https://www.australianageingagenda.com.au/executive/age-discrimination-in-the-workplace-rife-report/
Employment and Labour Laws and Regulations 2025 | Australia
Cited text: The year 2024 was the first full year requiring employers to comply with the new positive duty to take reasonable and proportionate measures to elimin...
Excerpt: The year 2024 was the first full year requiring employers to comply with the new positive duty to take reasonable and proportionate measures to eliminate sexual harassment, sex discrimination and victimisation in the workplace.
https://www.globallegalinsights.com...nt-and-labour-laws-and-regulations/australia/
Anti-Discrimination Legislation in Australia: Key Insights
Cited text: Employers guilty of discrimination may face penalties, including fines and orders to compensate affected individuals and potential damage to their rep...
Excerpt: Employers guilty of discrimination may face penalties, including fines and orders to compensate affected individuals and potential damage to their reputations.
https://globalpeoplestrategist.com/anti-discrimination-legislation-in-australia-key-insights/
Employment and Labour Laws and Regulations 2025 | Australia
Cited text: What the Government has adopted is a model that provides for the payment of an applicant’s costs if their claim is successful (even if they are only s...
Excerpt: Recent legislative reforms mean that if you're successful in a discrimination claim, you can now have your legal costs paid even if you're only successful on one ground, while unsuccessful respondents generally bear their own costs.
https://www.globallegalinsights.com...nt-and-labour-laws-and-regulations/australia/
Age Isn't Just a Number: Addressing Workplace Age Discrimination in Australia
Cited text: Take, for example, a company that only provides training opportunities to recent graduates—on paper, it looks fair, but in reality, it leaves older wo...
Excerpt: Take, for example, a company that only provides training opportunities to recent graduates—on paper, it looks fair, but in reality, it leaves older workers out in the cold.
https://akslaw.com.au/2024/09/30/workplace-age-discrimination/
Age Isn't Just a Number: Addressing Workplace Age Discrimination in Australia
Cited text: Gather evidence: Save emails, memos, or other communications that might demonstrate age discriminatory intent. Compare treatment: If possible, show ho...
Excerpt: Save emails, memos, or other communications that might demonstrate discriminatory intent.
https://akslaw.com.au/2024/09/30/workplace-age-discrimination/
Employment Discrimination Law in Australia—Elker
Cited text: Under federal law, complaints are initially handled by the Australian Human Rights Commission, which attempts to resolve the matter through conciliati...
Excerpt: Under federal law, complaints are initially handled by the Australian Human Rights Commission, which attempts to resolve the matter through conciliation before the complaint can be taken to the Federal Court or Federal Circuit Court.
https://elker.com/articles/employment-discrimination-law
Ageism keeping older people out of the workforce | Australian Human Rights Commission
Cited text: “Many older workers can offer the knowledge, skills, and wisdom that businesses are currently seeking. Employers just need to shift their perspective,...
Excerpt: 'Many older workers can offer the knowledge, skills, and wisdom that businesses are currently seeking.
https://humanrights.gov.au/about/news/media-releases/ageism-keeping-older-people-out-workforce
Ageism keeping older people out of the workforce | Australian Human Rights Commission
Cited text: Respondents also recognised the advantages of older workers when it came to coping with stress, attendance, reliability, awareness, commitment and loy...
Excerpt: Research shows older workers excel when it comes to coping with stress, attendance, reliability, awareness, commitment and loyalty.
https://humanrights.gov.au/about/news/media-releases/ageism-keeping-older-people-out-workforce
Profile: Mr Robert Fitzgerald AM, Age Discrimination Commissioner—Part 1—Department of Employment and Workplace Relations, Australian Government
Cited text: We know there are benefits for businesses hiring mature age people and having a multigenerational workforce, including having access to different pers...
Excerpt: There are benefits for businesses hiring mature age people and having a multigenerational workforce, including having access to different perspectives and experiences.
https://www.dewr.gov.au/newsroom/ar...ald-am-age-discrimination-commissioner-part-1
Profile: Mr Robert Fitzgerald AM, Age Discrimination Commissioner—Part 1—Department of Employment and Workplace Relations, Australian Government
Cited text: These free resources are available at Older Workers Resource Hub | Australian Human Rights Commission.
Excerpt: Free resources are available at the Older Workers Resource Hub on the Australian Human Rights Commission website.
https://www.dewr.gov.au/newsroom/ar...ald-am-age-discrimination-commissioner-part-1
Seniors Discount Club
Latest Articles
-
-
Stop waiting for spring! THIS simple winter gardening hack changes everything
- Started by Maan
- Replies: 0
-
'I feel so special!': Is this state keeping a secret treat for themselves?
- Started by Danielle F.
- Replies: 0
-
Doctor from a top university reveals 4 breakfast mistakes that damage your gut health
- Started by Michelle Engbino
- Replies: 0
-
WATCH! Ever wanted to tell your computer to f*** off? Emma Thompson actually did
- Started by Maan
- Replies: 0
