It should be noted that since there are no express provisions in the Labour Act on age discrimination in employment, it also implies that challenging employers’ preference for a particular age other that underage labour will remain a nullity and unjusticiable.
However, the law can be tested but the employers are at liberty to decide on the age requirement for employment into their organization.
SHOULD A RECRUITMENT ADVERTISEMENT CONTAIN AGE LIMITATIONS?
Within the Nigerian context, there is no specific law restricting recruitment ads from having age requirement on it. And, until such a regulation is made to conform to the Nigerian employment practices to global standard age as a factor in employment is not an illegality.
For example, The Age Discrimination Act of 1967 (ADEA) in the United States of American forbids employment discrimination against anyone or applicant of at least 40 years of age.
In the same vein, the Equality Act 2010 is a UK law that was designed to protect an employee from age discrimination at work.
A look through the details of these laws completely forbids discrimination on the basis of age and act of the employing organization; it imposes a serious penalty for violation and gives the applicants the right to challenge any perceived act of discrimination against them.
I have deliberately cited these countries so as to point out the importance of abiding with standard practices and importing same into our system in Nigeria. It should also be seen that because of globalization and foreign direct investment coming into the countries we are expected to comply fully.
To this end, even when there are no expressed provisions in the Labour Act, age can be included in a job advertisement especially for record purposes but it should not be used as a basis for disqualifying an applicant has been interviewed.
Moving away from the organization, if age is a factor in the recruitment processes, as a job applicant can I make an adjustment to my age in order to gain the recruiter’s invitation?
Definitely, this will amount to falsification and lying to gain personal advantage. It is against the law and it will negatively affect you as you thereafter seen as lacking in integrity.
Click on the link to continue reading: THE EFFECTS OF AGE DISCRIMINATION IN EMPLOYMENT