QLD Age discrimination?

[Needtoknow]

So I work for a company that collects donations for different charities. A few clients we represent will not let anyone over a certain age donate on a regular basis meaning an automatic monthly payment because they believe that due to their age they will be less likely to make the payments and it will cost the company money. This looks pretty much like age discrimination to me and we are even forced to ask every customer their age before they can even donate. Not to verify they are over 18, mind you which would make sense. We also make sure they are not over a certain age. Can I insist this is illegal? It should be right? It seems very unlawful to me!

 

[Docupedia]

Is it discrimination? Absolutely. But that doesn't mean anything of itself - making any form of preference or choice is discrimination. What you're really after is whether it is 'unlawful discrimination'. While that sounds like splitting hairs it is important because only certain types of discrimination are unlawful, and even then there are defences to it.

The first part would be whether the action is actually unlawfully discriminatory. It can be if the provision of services is refused - but that isn't happening here. It isn't a service, and it isn't being refused.

Then, one of the defences in Queensland is the 'welfare measures' exemption. While you state what you believe is their reason for doing so, it doesn't mean that that is actually the reason. If their reasoning was for the welfare of older persons, such as limiting the capacity for financial abuse, to not take advantage of any misunderstanding etc.

There's also a catch all type of exemption for charities, which extends to agents acting on behalf of charities.

 

[Needtoknow]

The client told management that is the reason. It’s not what I believe. It costs them money when they can’t pay. It’s got nothing to do with the welfare of sad person.

 

[Docupedia]

The client told management that is the reason. It’s not what I believe. It costs them money when they can’t pay. It’s got nothing to do with the welfare of sad person.

If you didn't actually hear that explanation directly from a representative of the client who is actually or apparently authorised to speak on behalf of the client, then it's what you believe is the reason.

Going off what someone might or might not have said to someone else (management) who then told you is not evidence of anything.

To be charitable (pun intended) the cost factor may be part of their reasoning, but it may not be the whole of their reasoning.

That aside, the Anti-Discrimination Act may not even have any jurisdiction when it comes to charitable donations. You can't unlawfully discriminate in the supply of 'goods or services' - but this is with respect to taking donations. You'd first need to establish that the activity falls under either a 'good' or a 'service'.

 

[Needtoknow]

Management told me. It wasn’t a heard it through the grapevine thing. I raised the issue with them and they dialogued with the client. I have no reason to think they are not being honest. Nothing else to discuss here I guess.