There is nothing better than tucking into a Hallmark Christmas movie during December, the festive season. These movies bring cosy (if not entirely realistic) visions of Christmas spirit and romance to our home screen. However, it appears Hallmark might find itself on the naughty list this year, as the network faces allegations of age discrimination in a lawsuit filed by former casting director for Hallmark, Penny Perry, aged 79. Perhaps Santa should leave a copy of the Equality Act 2010 in their Christmas stocking.
The Claim
On October 9, 2024, Perry filed a lawsuit in Los Angeles accusing Hallmark of age discrimination. Perry claims she was dismissed due to her age and alleges that Hallmark’s vice president, Lisa Hamilton Daly, made ageist remarks against Hallmark’s leading actresses Lacey Chabert (42) famous for Mean Girls and her role in over 40 Christmas movies including Netflix’s new Hot Frosty, and Holly Robinson Pete (60). Perry alleges that Daly referred to these actresses as “ageing out” and that “we have to find some like [Chabert] to replace her as she gets older.”
While Hallmark has vehemently denied these allegations, the article has prompted discussion about the all too common (and not so well-veiled) issue of ageism in the entertainment industry.
Ageism in employment
Though the Hallmark claim is specific to Hollywood, age discrimination affects employees across all industries. In the UK, the Equality Act 2010 protects you against age discrimination, prohibiting direct or indirect, harassment and victimisation based on age. Despite this, employees often encounter ageism in subtle and sometimes overt forms.
For example, older employees may be overlooked for promotions or professional development opportunities, while younger employees may be dismissed as inexperienced. These biases can create an unfair workplace culture that stifles opportunities and alienates employees and can lead to discrimination claims.
Employers face an increasing risk of age discrimination claims as employees become more aware of their rights. With no cap on awards in discrimination cases, such claims can be costly and damaging. This Christmas, businesses would do well to scrutinise their policies and practices to ensure they are free from any age-related bias.
Discrimination and the Employment Rights Bill 2024
The abolition of the Default Retirement Age in 2011 was a step forward in addressing age discrimination, but ageism can still discreetly influence employment practices.
The Employment Rights Bill 2024 positively proposes to remove wage disparities by removing age-based minimum wage bands. However, it does not specifically address age discrimination directly. Therefore, businesses need to proactively address unconscious bias in the workplace and ensure all employees receive the same opportunities for career development.
As the Hallmark case unfolds, it serves as a reminder that age discrimination can happen anywhere, whether on set or in a corporate office. For individuals who suspect they’ve experienced age discrimination, legal recourse is available. Our employment law team specialises in addressing workplace discrimination.
Written by: Holly Hughes
