A McDonald’s job vacancy ad excluding over-60s has been pulled. Photo / File
A McDonald’s job vacancy ad excluding over-60s has been pulled. Photo / File
A McDonald’s job vacancy ad excluding over-60s has been pulled and pilloried for ”bizarre” wording which has puzzled employment experts and angered a union.
McDonald’s said a franchisee posted the listing probably intending the term “16 to 60” to be catchy but an Auckland store manager said head office madethe decision.
Employment law expert Max Whitehead said the ad for overnight shift workers paying $22.80 and open to workers aged 16-60 was a “blatant” breach of the Human Rights Act.
“If it really is to get a catchy cliche going, it’s a stupid thing to do.”
The ad provoked widespread condemnation on Reddit, and Unite union’s Joe Carolan said the ad raised issues about ageism.
“Contrary to the myth that most McDonald’s jobs are part-time students, improvements made by the union throughout the years have seen many workers stay in these jobs into their 50s,” Carolan said.
He called the ad “bizarre”.
Carolan added: “Older workers bring experience, stability and maturity to a workplace and we call on McDonald’s to end this discriminatory ageism.”
The fast food chain overnight shift. Photo / Reddit, Kcoolbro69, Facebook
Employment law expert Professor Bill Hodge said the Human Rights Act banned discrimination against people older than 60.
The “16″ part of the ad was fine though.
“We discriminate against people 14 or 15 all the time and it’s justifiable to say: No, you can’t drive a car, you can’t leave school.”
Hodge added: “On the face of it I see no obvious requirement that would exclude people over 60.”
He said employers with specific health or safety needs could specify that people needed attributes such as good eyesight, or to be able to lift above their shoulders.
The former University of Auckland lecturer said he only retired at 77.
“We’ve been made aware that a job ad by one of our franchisees has created some debate on social media like Reddit, as it references an age range of 16-60,” McDonald’s spokesman Simon Kenny said.
“The reference in the copy was intended to illustrate that people of all ages are welcome. We’ve asked the franchisee to update the copy to avoid any potential confusion.”
A McDonald’s store manager using the phone number listed on the ad was aware of the ad but added: “I’m not sure the reason because it’s not the store who decides, it’s the head office.”
Under the 16-60 criteria, Hulk Hogan and Barack Obama would definitely be ineligible. Tom Cruise, 60, might have to submit his CV before he turns 61 in July.
Whitehead said in theory, Te Kāhui Tika Tangata/the Human Rights Commission (HRC) could investigate such breaches or alleged breaches.
“The HRC probably wouldn’t do anything.”
An HRC spokesman said the Human Rights Act 1993 made it unlawful to treat people differently in an employment process because of their age.
“It is unlawful to discriminate against employees, job applicants, voluntary workers, people seeking work through an employment agency and contract workers because of age,” he added.
“The only exception is where, for reasons of authenticity, being of a particular age is a genuine occupational qualification for the position or employment.”
Some health and safety rules generally prohibited night work for under-16s but those did not apply to people aged 60 years and above.
