Susan Boyle may have suffered from exhaustion but, despite being 48 (and, many would say, looking older than that) she has had the world at her feet over recent months thanks to her stunning performances on television show Britain’s Got Talent.

It doesn’t matter that Boyle didn’t win the show; providing she can cope with the fame, there is a stellar career on the cards for her thanks to her talent and celebrity status.

Unfortunately, when it comes to wowing employers, age is still an issue in Ireland. There are men and women who have the talent but don’t get the job, they suspect, in favour of younger candidates.

Thankfully, in the main, the days are over when employers got away with advertising publicly for “young” staff. But are they gone completely?

At the recent launch of this year’s Say No to Ageism Week, Áine Brady TD and Minister for Older People noted that advertisers were becoming much more sensitive to the ways in which older people are portrayed in their campaigns.

“A few years ago, an advertising campaign was justifiably criticised by many older people and by their representative organisations. The Institute of Advertising Practitioners in Ireland subsequently upheld their complaints,” she explained.

However, according to the Equality Authority’s most recent annual report (for 2007), of 360 cases filed under the Employment Equality Acts, the highest number (87 or 24 per cent) were filed on grounds of age. Age is one of nine grounds of discrimination that is outlawed.

Of these 87 cases relating to age discrimination in employment or access to employment, eight concerned allegations of discriminatory advertising.

So, is it worth complaining if you see a job ad that is clearly ageist or even ageist in a roundabout way?

The message from this year’s campaign, according to Equality Authority chairperson Dr Angela Kerins, is that “the first attitude change is the responsibility of each one of us.”

According to Kerins: “The Say No To Ageism campaign this year not only asks ‘what is your attitude to ageism?’ but offers the clear response: I Say No to Ageism.”

In the current economic climate, saying no to ageism is something that may become more important. Also speaking at the launch of Say No to Ageism Week, Frank Murphy of the Health Service Executive posed the question: “In recent months, how often have we seen individuals interviewed, following redundancies or layoffs, expressing their despondency at the prospect of never being employed again purely based on their age profile?”

So what do you do if you see an offending advert?

Claims on the age ground must be referred to the Equality Tribunal, the quasi-judicial body established to investigate, hear and decide on claims of discrimination.

Claims must be made within six months from the last act of discrimination. This can be extended to 12 months by the director of the Equality Tribunal if there is “reasonable cause”.

Anyone who believes that they may have experienced discrimination should write to the person who may have discriminated against them asking for certain information that will assist in deciding whether to refer a claim. This information should be requested using a standard form of questionnaire and reply – forms EE2 and EE3, which can be downloaded from www.equalitytribunal.ie/index.asp?locID=6&docID=-1.

Claims must be referred to the Equality Tribunal using the Referral of Complaint of Discrimination in Relation to Employment Form (EE1), which can also be downloaded from the website.

The tribunal notifies claimants when their claim has been received. It will then either mediate or investigate the claim. An investigation results in a private hearing where both sides of the case are heard.

An equality officer then considers the evidence and makes a decision, which is detailed in writing. Decisions are published and available on the tribunal’s website. In sensitive cases, people’s names can be left out if requested.

If the equality officer finds in favour of the claimant, they can make an order for a monetary award, equal pay/treatment or a specified course of action (usually by the respondent).

The first decision issued under the Employment Equality Act in 1998 cost the offending company IR£8,000 for unlawfully advertising for a young person to fill a job vacancy. The company was also directed to implement remedial action to prevent further discrimination.

Do you say no to ageism?