Age Discrimination Law in Europe

Author: Nicky ten Bokum
Publisher: Kluwer Law International
ISBN: 9041131310
Format: PDF, Docs
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Although the effect of the EC Anti-Discrimination Framework Directive 2000/78 pervades age discrimination law in all Member States, the courts of each country can and do interpret its provisions - especially pertaining to sanctions - in various ways. In addition, claims of discrimination are handled according to national law, and an administrative law system with its own particular procedure is usually present. This very useful book provides a country-by-country overview of anti-discrimination legislation and related jurisprudence in the 27 EU Member States as well as Switzerland, Russia, and Turkey. The reports, written by experienced employment lawyers from each country, offer expert practical guidance and analysis regarding national laws affecting access to employment and vocational training, information and consultation, working conditions, recruitment, dismissal, retirement, and other relevant factors. The emphasis throughout is on the application of the crucial conceptual elements that derive from EC anti-discrimination law - direct adverse treatment, indirect discrimination, and the grounds on which a difference in treatment due to age is permissible. Each report explains in detail how anti-discrimination law operates at the national level, providing lucid guidance to the legal options available under any set of circumstances likely to arise, including the following: differential treatment, including special or minimum conditions; harassment and victimisation; fixed-term contracts; age-based graduation of compensation; employment relationships with an international dimension; affirmative action; special categories of workers; complaints to a competent person or body in the company; complaints to anti-discrimination offices; suits in labour courts; compensation limits; violator's economic position; non-pecuniary damage suffered by the aggrieved party; effects of collective bargaining agreements; and social plans resulting from planned operational changes. Many of the reports pay special attention to the far-reaching implications of such important recent ECJ cases as von Colson and Kamann, Mangold, Palacios de la Villa, and Bartsch. Enormously helpful to all concerned with employment law in one or more countries in Europe, this book will prove especially valuable to legal counsel and human resources professionals in numerous situations that arise in day-to-day business conduct. Law students will also find it extremely useful for its concise but detailed perspective on the varieties of anti-discrimination law across Europe. The Publication of this book has been made possible with the support of the law firms allied with Ernst and Young throughout Europe, Pinsent Masons, Luther, selected independent law firms and the Holland Law School.

Age Discrimination and Labour Law

Author: Mia Rönnmar
Publisher:
ISBN: 9789041149794
Format: PDF, Mobi
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Benefit from the first in-depth study of the special complexities of the ban on age discrimination. Age Discrimination and Labour Law. Comparative and Conceptual Perspectives in the EU and Beyond, presents a detailed investigation of age discrimination from the dual perspectives of labour law and non-discrimination law.0Ensure that you have a full understanding of the latest global developments with the topical discussion and analysis of EU law and the national law in a representative range of Member States. The richly detailed comparative approach also examines developments in Australia, Japan, Latin America, South Africa, and the United States. 0Distinguished scholars in the fields of non-discrimination law and labour law contribute comparative and conceptual analyses as well as details of national developments, delivering informative guidance to support your practice.

The Law on Age Discrimination in the EU

Author: Malcolm Sargeant
Publisher: Kluwer Law International
ISBN: 9041125221
Format: PDF
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The EC Directive establishing a general framework for equal treatment in employment and occupation covers a number of grounds of discrimination including age. The EU's population is ageing, but there is much evidence that age discrimination is widespread. The Directive is a reaction to that and the consequent desire to encourage greater participation in the labour market by older workers. This is the first time that age discrimination has been made unlawful by the EU and, as a result, there are now laws in every Member State making such discrimination unlawful. The Directive, and much of the national legislation, however, treats age discrimination differently to the other grounds for unlawful discrimination. It is the only area which permits direct discrimination. Age discrimination generally may still be objectively justified by a legitimate aim if the means of achieving that aim are appropriate and necessary. Such aims include legitimate employment policy, labour market, and vocational training objectives. This insightful book--written by national experts in eight Member States and at the EU level--considers the ways in which the Directive has been implemented in some of the Member States and the extent to which they have taken advantage of the exceptions that are inherent in the Directive. Particular issues that are covered are: * what legislation has been adopted in each country * the development of the case law that exists in some States * the demographic imperative existing in each country * measures taken to improve the position of young people * retirement and the exit from the workforce of older workers * the approach and case law of the European Court of Justice As an important contribution towards an understanding of age discrimination within the European Union, this book opens a field of law that has heretofore not been considered in all its seriousness. It will be of real value to lawyers, human resource management professionals, and those with an interest in discrimination and EU issues. It is an important contribution to what will be a developing field of study

EU Anti Discrimination Law

Author: Evelyn Ellis
Publisher: Oxford University Press
ISBN: 0199698465
Format: PDF, ePub, Mobi
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Professor Evelyn Ellis provides an analytical and critical examination of the EU law forbidding discrimination, and explores the theoretical and philosophical underpinnings of the law.

Age as an Equality Issue

Author: Sandra Fredman
Publisher: Hart Publishing
ISBN: 1841134058
Format: PDF, ePub, Mobi
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To what extent is age inevitably linked with declining capacity? What are the goals of a policy on age equality, and how can these be realized in law? How should law and policy address age discrimination in health, education and employment? Should young people be dealt with in the same way as older people? This book answers these questions in a series of chapters by experts from a wide range of disciplines. It examines the nature of the aging process and provides a detailed analysis of the concept of age equality.

Engineering Equality

Author: Alexander Somek
Publisher: Oxford University Press
ISBN: 0199693374
Format: PDF, Mobi
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Examining the rise of European anti-discrimination law, this book provides a critique of the focus on and implementation of, anti-discrimination law.

The Law on Age Discrimination in the EU

Author: Malcolm Sargeant
Publisher: Kluwer Law International
ISBN: 9041125221
Format: PDF, ePub
Download Now
The EC Directive establishing a general framework for equal treatment in employment and occupation covers a number of grounds of discrimination including age. The EU's population is ageing, but there is much evidence that age discrimination is widespread. The Directive is a reaction to that and the consequent desire to encourage greater participation in the labour market by older workers. This is the first time that age discrimination has been made unlawful by the EU and, as a result, there are now laws in every Member State making such discrimination unlawful. The Directive, and much of the national legislation, however, treats age discrimination differently to the other grounds for unlawful discrimination. It is the only area which permits direct discrimination. Age discrimination generally may still be objectively justified by a legitimate aim if the means of achieving that aim are appropriate and necessary. Such aims include legitimate employment policy, labour market, and vocational training objectives. This insightful book--written by national experts in eight Member States and at the EU level--considers the ways in which the Directive has been implemented in some of the Member States and the extent to which they have taken advantage of the exceptions that are inherent in the Directive. Particular issues that are covered are: * what legislation has been adopted in each country * the development of the case law that exists in some States * the demographic imperative existing in each country * measures taken to improve the position of young people * retirement and the exit from the workforce of older workers * the approach and case law of the European Court of Justice As an important contribution towards an understanding of age discrimination within the European Union, this book opens a field of law that has heretofore not been considered in all its seriousness. It will be of real value to lawyers, human resource management professionals, and those with an interest in discrimination and EU issues. It is an important contribution to what will be a developing field of study

Extending Working Life for Older Workers

Author: Alysia Blackham
Publisher: Bloomsbury Publishing
ISBN: 1509905774
Format: PDF, ePub, Mobi
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The UK population is ageing rapidly. While age discrimination laws are seen as having broad potential to address the 'ageing challenge' and achieve instrumental and intrinsic objectives in the context of employment, it is unclear what impact they are having in practice. This monograph addresses two overarching research questions in the employment field: How are UK age discrimination laws operating in practice? How (if at all) could UK age discrimination laws be improved? A reflexive law theoretical standpoint is employed to investigate these issues, applying a mixed methods research design that engages qualitative, quantitative, doctrinal and comparative elements. This book demonstrates the substantial limitations of the Equality Act 2010 (UK) for achieving instrumental and intrinsic objectives. Drawing on qualitative expert interviews, statistical analysis and organisational case studies, it illustrates the failure of age discrimination laws to achieve attitudinal change in the UK, and reveals the limited prevalence of proactive measures to support older workers. Integrating doctrinal analysis, comparative analysis of Finnish law, and the Delphi method, it proposes targeted legal and policy changes to address demographic change, and offers an agenda for reform that may increase the impact of age discrimination laws, and enable them to respond effectively to demographic ageing.

Research Handbook on EU Labour Law

Author: Alan Bogg
Publisher: Edward Elgar Publishing
ISBN: 1783471123
Format: PDF, ePub, Docs
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Research Handbook on EU Labour Law features contributions from leading scholars in the field. Part I addresses cross-cutting themes, such as the relationship between EU law and national law, the role of human rights in EU labour law, and the impact of austerity measures. In Part II, the contributors focus on topics in individual and collective labour law at EU level, including working time and job security. Finally, Part III offers a comprehensive overview of the EU’s interventions in equality law.

EU Non Discrimination Law in the Courts

Author: Jule Mulder
Publisher: Bloomsbury Publishing
ISBN: 1509906215
Format: PDF, Docs
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Since the year 2000, the material and personal scope of EU non-discrimination law has been significantly broadened and has challenged national courts to introduce a comprehensive equality framework into their national law to correspond with the European standard. The book provides a multi-layered culturally informed comparison of juridical approaches to EU (in)direct sex and sexualities discrimination and its implementation in Germany and the Netherlands. It examines how and why national courts apply national non-discrimination law with a European origin differently, although the legislation derives from the same set of EU law and the national courts have to respect the interpretive competence of the CJEU. The book provides valuable insights into the national and European context which shape the dialogue and influences of the courts inter se, the national application of EU law, and the harmonisation process within the area of gender equality law and beyond. A Dutch and German comparison is of special interest here because both countries' approaches towards non-discrimination law are quite different despite the similarities in the respective legal systems; they are founding members of the EU, they are neighbours, they are civil law countries, and their legal systems are relatively similar at least compared to Scandinavian and common law jurisdictions. Therefore, the different reception EU non-discrimination law cannot simply be explained by obvious differences between the legal systems. Their comparison thus provides an interesting case study to uncover legal and non legal, cultural and historic, factors which influence the application of EU non-discrimination law in both countries. The book is of interest for EU, comparative and equality lawyers.