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The Law on Age Discrimination in the EU (Hardcover)
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The Law on Age Discrimination in the EU (Hardcover)
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"The Law on Age Discrimination in the EU" is edited by Malcolm
Sargeant. 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; and, 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.
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