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A Pluralist Theory of Age Discrimination (Paperback)
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A Pluralist Theory of Age Discrimination (Paperback)
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This book provides a comprehensive theory of age discrimination
that can guide the direct and indirect age discrimination
provisions of the Equality Act 2010. The Act holds that unequal
treatment on the grounds of age and measures that are on their face
age-neutral but have the effect of disadvantaging particular age
groups are lawful only if the treatment can be shown either to be a
'proportionate means of achieving a legitimate aim' or if the
treatment fits into a specifically prescribed exception. In this
way, the proportionality test distinguishes justified and
unjustified age-differential treatment with only the former legally
permissible. This book outlines and defends a pluralist theory of
age discrimination that assists in making the distinction between
justified and unjustified age-differential treatment. The theory
identifies the principles that explain when and why
age-differential treatment wrongs people and the principles that
can justify this treatment. It is a pluralist theory because it
recognises that age-differential treatment can wrong people for a
number of different, overlapping reasons, and these different
reasons should inform how we apply age discrimination law. The
pluralist approach to age discrimination theory can improve legal
reasoning in age discrimination cases by articulating the relevant
principles and competing interests that are at stake in age
discrimination claims. In constructing the theory, the book adopts
the reflective equilibrium method. This requires that we examine
our initial moral beliefs about age discrimination by seeking
coherence with beliefs we have about similar moral and
philosophical issues and revising the initial beliefs as a result
of challenges to them. In applying this method, the book identifies
the following five principles to form a pluralist theory of age
discrimination: equality of opportunity, social equality, respect,
autonomy and efficiency.
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