Age discrimination commonly arises in recruitment and access to employment. While interviews are often viewed as a low risk activity, they are in fact one of the main sources of equality claims. In many cases, claims arise because candidates are asked inappropriate questions or because job advertisements are drafted in a way that excludes certain age groups. 

 

Examples of inappropriate interview questions include asking a candidate about their age, why they are applying for a role at a particular stage in their life, or making assumptions about career longevity. Similarly, poorly worded job advertisements can give rise to discrimination claims. 

 

A well known example is Ryanair v Equality Authority (DEC E2000/14). 

 

 

In this case, the complainant argued that a job advertisement issued by the respondent was discriminatory on the grounds of age. The advertisement described the ideal candidate as “a young and dynamic professional” and repeated that the successful applicant would be “young and dynamic”. 

 

The Equality Officer found that the use of the word “young” clearly indicated, or could reasonably be understood as indicating, an intention to exclude applicants who were not young. On that basis, the Equality Officer held that the advertisement constituted discrimination on the age ground under the Employment Equality Acts. 

 

 

In addition to making an award, the Equality Officer recommended that the respondent take specific actions, including: 

 

 

 

Once a complainant establishes a prima facie case of discrimination, the burden of proof shifts to the employer. At that stage, the employer must demonstrate that no discrimination occurred. 

 

Had appropriate recruitment procedures been followed and interview guidelines correctly applied, it is likely that the selection process would not have resulted in a complaint or an equality claim. 

 

 

It is worth noting that even where an employer successfully defends an employment related claim before the Labour Court or the Workplace Relations Commission, each party generally bears their own legal costs. Legal costs are not typically awarded or shared, regardless of the outcome. 

 

 

To minimise the risk of age discrimination claims, employers should ensure that their internal access to employment and recruitment procedures are up to date, objective, and compliant with equality legislation. 

 

Preventing age discrimination is not just about avoiding claims. It is about ensuring fair, transparent, and lawful recruitment practices from the outset. 

 

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