Following a new public consultation, Lisa Reed and the Human Rights Commission aim to propose an expansion to age discrimination laws by the autumn
One day shy of age 65 and employed? Then if you are willing and capable, you should be able to continue working…
That’s the position of the Human Rights Commission’s Lisa Reed.
When we asked the HRC’s Executive Director if the Commission sees people being being able to be forced to retire at a certain age as a form of discrimination, she responded affirmatively.
“…at the age of 64 and on your birthday, all of a sudden you are made to retire”, she said. “It is an interesting proposition for someone who wishes to continue to work and who is able, and whose performance management illustrates good performance.”
The HRC this week launched a public consultation on age discrimination in the workplace.
Ms Reed says they have seen an uptick in complaints, and while the most recent have centred on forced retirement at 65, the HRC wants to understand people’s experiences at any age.
Following the consultation, the HRC will seek amendments to the Human Rights Act, which currently does not protect people from workplace discrimination due to age.
Ms Reed explained that the Human Rights Act was amended in 2013 to provide protection from age-based discrimination when buying or selling a property, renting a hotel room, or seeking services from a restaurant or health care provider.
“So, age was added to the act in those areas”, she said, “but it was not added as a protected area within section six [of the HRA], which is employment.”
Therefore, Ms Reed added, there are no protections under the HRA for someone being unfairly told that they are too young or too old for a particular role, or being passed over for a promotion due to their age.
The HRC’s consultation comes right on the heels of a new policy guide released by the Ministry of Economy & Labour, encouraging employers to retain staff who are willing and able to work past retirement age.
The timing of the two initiatives is purely a coincidence, Ms Reed says.
However, there could be a reciprocal effect, as any changes to the law with regard to discrimination in the workplace could turn some of the recommendations in the new policy guide to legal requirements.
The UK tackled age-based workplace discrimination in the 2010 Equality Act.
They went even further in 2011 – abolishing forced retirement at 65.
Asked if the HRC is looking for similar legislation as there is in the UK, Lisa Reed said ” the Commission’s position is that discrimination should be prohibited in the area of employment.”
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