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In 2015, the Attorney-General asked the Age and Disability Discrimination Commissioner, on behalf of the Australian Human Rights Commission, to undertake this inquiry to: (1) examine practices, attitudes and Commonwealth laws that deny or diminish equal participation in employment; and (2) make recommendations to address employment discrimination against older Australians and Australians with disability. The terms of reference had regard to: the obstacles faced by older persons and persons with disabilities in actively participating in the workforce; discrimination against older persons and persons with disabilities as a systemic problem and a considerable barrier to their enjoyment of human rights; the economic and social costs, and the costs to productivity, that result from discrimination against older persons and persons with disabilities in employment; and the Australian Government's commitment to the promotion and protection of human rights of older Australians and Australians with a disability.

The inquiry found that older Australians can feel 'shut out' of recruitment, be offered less professional development opportunities, or perceive that they are targeted for redundancy during periods of organisational restructure. There are negative assumptions and pervasive stereotypes about older people that contribute to discriminatory practices. The inquiry also found that employment discrimination against people with disability is ongoing and systemic. Some government policies and the operation of some government programs are not achieving their intended objectives and may be serving as a disincentive to workforce participation. Coordinated and effective action is required to address employment discrimination and reduce the barriers to workforce participation.

In recognition of the distinct experiences and perspectives of older Australians and Australians with disability, the inquiry was conducted in two separate but related streams. This report is structured to reflect these two streams. It presents issues and recommendations to address employment discrimination against older people and against people with disability in separate chapters. There are however some areas where the inquiry's recommendations overlap and these are indicated in the text.

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