There are certain situations when an employer can insist on conditions related to the age of the employee, such as employing someone of a particular age or with a minimum number of years of experience. If these requirements are properly justified, they will not be considered discriminatory.

The difference of treatment on the grounds of age is not discrimination when it is objectively and reasonably justified by a legitimate aim, including legitimate employment policy, labour market and vocational training objectives and if the means of achieving that aim are appropriate and necessary.

example Examples of such differences include: setting minimum conditions of age, seniority or experience for access to employment or advantages linked to employment, setting a maximum age for recruitment based on a training requirement or reasonable period of employment before retirement. For instance, working experience of 15-20 years can be stipulated if this is necessary to perform a highly complicated job.

See more about the prohibition of discrimination in employment and discrimination on the basis of age.

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Last updated 01/03/2024