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The case would prove a landmark win for Gutierrez. After the appeal he received $90,000 in general damages for pain and $142,215.00 for economic loss, amounting to the lost salary for being sacked before he wished to retire.
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The invisible discriminator
Dr Marlene Krasovitsky, from EveryAGE Counts, said ageism is so pervasive and highly tolerated that it is sometimes invisible. A national campaign, initiated by the organisation, ran in October to raise awareness across the globe.
“[Ageism] has devastating impacts on physical and mental health, longevity, employment prospects and participation opportunities,” she says. “We have to change the way we think, feel and act. Without awareness nothing changes, and ageism affects all of us. We’re all ageing.
“Age as a diversity is largely absent from organisational diversity, equity and Inclusion strategies. This means there is no visibility of how ageist attitudes and practices may be impacting recruitment, retention, promotion and exit strategies.”
Know your rights.
Council on the Ageing CEO Patricia Sparrow says ageism is not just prevalent in Australia – it’s endemic. “The consequences ripple through our society and economy, demanding urgent action. Consider this: 35 per cent of older Australians face age-related discrimination after turning 50,” Sparrow says.
In many instances, the experience and skills of older people are being squandered. “Shockingly, one in three recruiters admit to hesitating when hiring older workers – even as we face critical skills shortages across sectors.”
Workers should document incidents, seek support, and use formal complaint mechanisms under the Australian Human Rights Commission. “Your experience matters, and your voice deserves to be heard,” she says.
“We must confront ageism in our daily lives and media. These ‘subtle’ biases aren’t subtle at all – they’re eroding the value we place on older Australians’ contributions.”
For anyone in a similar situation, Gutierrez recommends recording all conversations regarding retiring.
“Discuss with supervisors or HR if there are hints that employer wants to get rid of old timers,” he says, noting legal action should be avoided if possible due to the expense and personal toll.
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