However, the Equality Act has an exemption for age discrimination; it is still allowed as long as it has a legitimate aim. This means an employer or a service provider must justify the reason why they are discriminating on the basis of age. For example, an employer could have an upper age limit on jobs where very high levels of physical fitness are required. These professions can be construction work.
Nevertheless, the Equality Act protects older people from harassment and victimisation in services and public functions, such as; schools, colleges, universities, transports and work. Harassment is an unwanted conduct related to a protected characteristic were an older person dignity is violated. It can create an environment that is hostile, intimidating, degrading, offensive and humiliating for the older person. Victimisation differs from harassment. With victimisation the older person would be treated different due to them coming forefront about being discriminated and harassed. The older person would be subjected to detriment. The Equality Act would help guide a person guide an older person in talking action when harassed or victimised, which would eliminate unlawful discrimination.
However, the Equality Act rely on people knowing their rights to make an action against unlawful discrimination. An older person may be unaware of their rights. Therefore, they may not identify discrimination and cannot redress the unlawful discrimination. Further, making the older person can be oblivious to signs of discrimination and thus they would carry on experiencing it. For example, an organisation may ask only an elderly candidate applying for a job to provide their medical information in an interview. This is a form of discrimination which can be seen as normal to the older person. This is because asking for medical information is viewed as necessary information that is needed by all organisation. On the other hand, only asking for the older person’s information is a form of discrimination due to them being the only one providing the information. Older people are stereotyped to be sick people. This negative stigma can cause situations such as the one I had described.
In conclusion, the Equality Act is effective in protecting the rights of older people from unlawful discrimination, harassment and victimisation. An older person cannot be treated differently by an organisation or service provider on the basis of their age. Conversely, the Act rely heavily on people knowing their rights in order for them to take action when redressing the discrimination. If the person is unaware of their rights; they would not be able to identify signs of discrimination. The Act does have an exemption for age as long as the person discriminating on the basis of age has a legitimate reason for it. This means that discrimination can occur in certain professions.