The Law on Age Discrimination in the EU

Author: Malcolm Sargeant

Publisher: Kluwer Law International B.V.

ISBN: 9041125221

Category: Law

Page: 241

View: 3566

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
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Age Discrimination Law in Europe

Author: Nicky ten Bokum,Paul Bartelings

Publisher: Kluwer Law International B.V.

ISBN: 9041131310

Category: Law

Page: 401

View: 4818

Mit einem Kapitel zur Schweiz.
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EU Anti-Discrimination Law

Author: Evelyn Ellis,Philippa Watson

Publisher: OUP Oxford

ISBN: 0191649473

Category: Law

Page: 576

View: 3179

EU Anti-Discrimination Law provides a detailed and critical analysis of the corpus of European Union law prohibiting discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age, and sexual orientation. It takes into account the changes brought about by the Treaty of Lisbon and contains a thorough examination of the relevant case law of the Court of Justice of the EU. The book examines the background to the legislation and explains the essential characteristics and doctrines of EU law and their relevancy to the topic of anti-discrimination. It also analyses the increasingly significant general principles of EU law, the Charter of Fundamental Rights, and the relevant law flowing from the European Convention on Human Rights. The key concepts contained in anti-discrimination law are subjected to close scrutiny. The substantive provisions of the law on equal pay and the workplace and non-workplace provisions of the governing Directives are similarly examined, as are the numerous exceptions permitted to them. The complex rules governing the rights of pregnant women and those who have recently given birth are dealt with comprehensively and in a separate chapter. Equality in social security schemes is also discussed. The book concludes with an assessment of the practical utility of the existing law and the current proposals for its reform.
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Equality Law in an Enlarged European Union

Understanding the Article 13 Directives

Author: Helen Meenan

Publisher: Cambridge University Press

ISBN: 1139467921

Category: Law

Page: 370

View: 7250

European Union equality and anti-discrimination law were revolutionized by the incorporation of Article 13 into the EC Treaty, adding new anti-discrimination grounds and new possibilities. This comprehensive 2007 volume provides a fresh approach to Article 13 and its directives; it adopts a contextual framework to equality and anti-discrimination law in the European Union. Part I deals with the evolution of Article 13, demographic and social change and the inter-relationship between European Equality Law and Human Rights. Part II contains expert essays on each of the Article 13 anti-discrimination grounds: sex, racial or ethnic origin, religion or belief, disability, age and sexual orientation, with common themes weaving throughout. This book will be of interest to everyone concerned with combating discrimination, academics, NGOs, lawyers, human resource professionals, employers, employees, research students and many others in the European Union and beyond.
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Anti-discrimination Law and the European Union

Author: Mark Bell

Publisher: Oxford University Press

ISBN: 0199244502

Category: Law

Page: 269

View: 9384

This book provides a timely and topical overview of recent developments in EU anti-discrimination law. Examining in particular discrimination on the grounds of race and sexual orientation, it provides an account of the debate within the institutions and Member States, analysis of relevant case law from the Court of Justice, and coverage of the anti-discrimination directives adopted in 2001.
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Age Discrimination in Employment

Author: Malcolm Sargeant

Publisher: CRC Press

ISBN: 1317183797

Category: Law

Page: 242

View: 912

Increased life expectancy and an ageing workforce have highlighted the problem of age discrimination in developed countries. Malcolm Sargeant's Age Discrimination in Employment is an encyclopedic guide for HR specialists and employment lawyers to the nature of age discrimination in the workplace in a number of countries, along with a discussion of the main thrust of employment law in this area, including an analysis of the Employment Equality (Age) Regulations 2006. The book opens with a consideration of what age discrimination is and how it manifests itself at the workplace and elsewhere. It also breaks discrimination down by age (discrimination against young, middle, and senior age employees) and explores multiple discrimination, including age and gender, ethnicity, sexual orientation, and disability. An important reference for HR departments, policy-makers and others concerned with organizational culture and development, discrimination, and social policy.
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Geschlechtergerechtigkeit

Festschrift für Heide Pfarr

Author: Christine Hohmann-Dennhardt,Marita Körner,Reingard Zimmer

Publisher: N.A

ISBN: 9783832958541

Category: Sex discrimination against women

Page: 545

View: 9636

Die Festschrift für Heide Pfarr unterscheidet sich von vielen anderen durch die Konzentration auf eines der zentralen Forschungsfelder der Jubilarin: Geschlechtergerechtigkeit, insbesondere im Arbeitsleben. Alle Beiträge der 40 Autorinnen und Autoren sind diesem Leitthema verpflichtet. Unter sieben verschiedenen Gesichtspunkten, nähern sich JuristInnen, aber auch SoziologInnen, PolitologInnen und ÖkonomInnen der Problematik: Neben historischen Vorbildern geht es u.a. um Geschlechtergerechtigkeit auf dem Arbeitsmarkt (9 Beiträge), Antidiskriminierung und Gleichstellung (11 Beiträge) und die Vereinbarkeit von Beruf und Familie (7 Beiträge). Das Werk umfasst einerseits Debatten, die bereits seit geraumer Zeit geführt werden, wie bspw. Gleichstellung der Geschlechter in der Privatwirtschaft oder Entgeltgleichheit, thematisiert wird jedoch auch die Notwendigkeit einer stärkeren Repräsentation von Frauen in Aufsichtsräten, geringfügige Beschäftigung von Frauen als prekäre Arbeitsform oder der Einfluss des Steuerrechts auf die Berufstätigkeit von Müttern. Der Blick über die Landesgrenzen (5 Beiträge) verdeutlicht die europäische und internationale Relevanz des Themas. Insgesamt bietet die Festschrift einen eindrucksvollen Überblick über die derzeitige Diskussion zum Thema Geschlechtergerechtigkeit.
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Ageing, Ageism and the Law

European Perspectives on the Rights of Older Persons

Author: Israel (Issi) Doron,Nena Georgantzi

Publisher: Edward Elgar Publishing

ISBN: 1788972112

Category: Law

Page: 224

View: 4408

Europe is ageing. However, in many European countries, and in almost all fields of life, older persons experience discrimination, social exclusion, and negative stereotypes that portray them as different or a burden to society. This pivotal book is the first of its kind, providing a rich and diverse analysis of the inter-relationships between ageing, ageism and law within Europe.
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Age Discrimination and Labour Law

Author: Mia Rönnmar

Publisher: N.A

ISBN: 9789041149794

Category:

Page: 482

View: 2645

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.
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Age Discrimination

Ageism in Employment and Service Provision

Author: Malcolm Sargeant

Publisher: CRC Press

ISBN: 1317183819

Category: Law

Page: 264

View: 2494

Age Discrimination looks at how both young and old can be penalised by prejudice against their age group. Following recent changes in the law, the issue of age discrimination has come to the fore. The new legislation will extend legal oversight of age-related discrimination to the provision of facilities, goods and services, as well as employment. Professor Sargeant provides a thorough review of the consequences of these changes and their implications for businesses and service providers, public or private. This comprehensive new book, like its predecessor Age Discrimination in Employment, is essential to practitioners responsible for HR issues, finance, operations, service delivery, quality and customer relations, and for those with a policy focus or academic interest in diversity issues.
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Discrimination and the Law

Author: Malcolm Sargeant

Publisher: Routledge

ISBN: 1134615728

Category: Law

Page: 176

View: 7630

Discrimination and the Law provides an exploration and evaluation of Discrimination Law, with a primary focus on discrimination in employment. Introducing readers to the concepts of equality and the historical origins of discrimination law, Malcolm Sargeant explores the wider political, social and economic contexts through which the law has evolved. The book provides an examination of the main provisions of and the application of the Equality Act 2010 which was passed to consolidate the complicated and numerous array of Acts and Regulations, which formed the basis of anti-discrimination law in Great Britain. Encompassing sex, race, age, disability, discrimination on the grounds of sexual orientation or religious belief, this book also considers aspects of discrimination which are not provided for, such as multiple discriminations and intersectionality. In addition, the provisions of the Equality Act and subsequent UK case law are considered within the context of EU Directives and judgments from the European Court of Justice and other international sources of equality law. Concise, accessible and with a review of current debates and issues at the end of each chapter, Discrimination and the Law is an essential introduction to the wide-ranging law relating to discrimination in the UK for both LLB and HRM students.
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Research Handbook on EU Labour Law

Author: Alan Bogg,Cathryn Costello,A.C.L. Davies

Publisher: Edward Elgar Publishing

ISBN: 1783471123

Category: Law

Page: 592

View: 9973

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.
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Comparative Discrimination Law

Age as a Protected Ground

Author: Lucy Vickers

Publisher: Brill Research Perspectives

ISBN: 9789004345539

Category: Law

Page: 102

View: 333

This comparative review of age as a protected ground in discrimination law explores the underpinning questions and themes related to two main dimensions of age discrimination. The first dimension is structural, economic and labour market driven, whereby age is used to allocate a range of rights, obligations and benefits within society. The second is the social justice and equality dimension, in which age is understood as an aspect of individual identity that is worthy of protection against indignity or detriment. The review then considers the law on age discrimination in a number of jurisdictions, the EU law, the UK, Sweden, USA, Canada and South Africa, and assesses the extent to which the underpinning questions explain the developing case law. Other titles published in this series: - Comparative Discrimination Law: Historical and Theoretical Frameworks, Laura Carlson; isbn 9789004345447 - International Human Rights Law and Discrimination Protections; A Comparison of Regional and National Responses, Mpoki Mwakagali; isbn 9789004345461
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Engineering Equality

An Essay on European Anti-Discrimination Law

Author: Alexander Somek

Publisher: Oxford University Press

ISBN: 0199693374

Category: Law

Page: 217

View: 8576

Examining the rise of European anti-discrimination law, this book provides a critique of the focus on and implementation of, anti-discrimination law.
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New Developments in Employment Discrimination Law

Author: Roger Blanpain,Hiroya Nakakubo,Takashi Araki

Publisher: Kluwer Law International B.V.

ISBN: 9041127828

Category: Law

Page: 257

View: 4072

Estudo comparado sobre o tratamento dado à discriminação no emprego no Direito do trabalho dos seguintes países:Estados Unidos, Reino Unido, Alemanha, França, Austrália, Coréia, Formosa, Japão.
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EU Anti-Discrimination Law beyond Gender

Author: Uladzislau Belavusau,Kristin Henrard

Publisher: Bloomsbury Publishing

ISBN: 1509915028

Category: Law

Page: 392

View: 5812

The EU has slowly but surely developed a solid body of equality law that prohibits different facets of discrimination. While the Union had initially developed anti-discrimination norms that served only the commercial rationale of the common market, focusing on nationality (of a Member State) and gender as protected grounds, the Treaty of Amsterdam (1997) supplied five additional prohibited grounds of discrimination to the EU legislative palette, in line with a much broader egalitarian rationale. In 2000, two EU Equality Directives followed, one focusing on race and ethnic origin, the other covering the remaining four grounds introduced by the Treaty of Amsterdam, namely religion, sexual orientation, disabilities and age. Eighteen years after the adoption of the watershed Equality Directives, it seems timely to dedicate a book to their limits and prospects, to look at the progress made, and to revisit the rise of EU anti-discrimination law beyond gender. This volume sets out to capture the striking developments and shortcomings that have taken place in the interpretation of relevant EU secondary law. Firstly, the book unfolds an up-to-date systematic reappraisal of the five 'newer' grounds of discrimination, which have so far received mostly fragmented coverage. Secondly, and more generally, the volume captures how and to what extent the Equality Directives have enabled or, at times, prevented the Court of Justice of the European Union from developing even broader and more refined anti-discrimination jurisprudence. Thus, the book offers a glimpse into the past, present and – it is hoped – future of EU anti-discrimination law as, despite all the flaws in the Union's 'Garden of Earthly Delights', it offers one of the highest standards of protection in comparative anti-discrimination law.
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Labor and Employment Law in the New EU Member and Candidate States

Author: Anders Etgen Reitz

Publisher: American Bar Association

ISBN: 9781590319024

Category: Labor laws and legislation

Page: 402

View: 8834

This book is a practical tool for legal practitioners and in-house counsel advising clients on their foreign operations in the new EU. The book begins with an introduction to EU legislation, EU directives, and the enlargement of the European Union. Each chapter provides an overview of labor law, hiring, terms and conditions, termination, discrimination, and business transfers in the following countries: Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Macedonia, Malta, Poland, Romania, Slovakia, Slovenia, and Turkey. A table of statutes and EU legislation completes the book.
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European Union Non-Discrimination Law

Comparative Perspectives on Multidimensional Equality Law

Author: Dagmar Schiek,Victoria Chege

Publisher: Routledge

ISBN: 1134049315

Category: Law

Page: 448

View: 4270

EU equality law is multidimensional in being based on different rationales and concepts. Consequently, the concept of discrimination has become fragmented, with different instruments envisaging different scopes of protection. This raises questions as to the ability of EU law to address the situation of persons excluded on a number of grounds. This edited collection addresses the increasing complexity of European Equality Law from jurisprudential, sociological and political science perspectives. Internationally renowned researchers from Scandinavian, Continental and Central European countries and Britain analyse consequences of multiplying discrimination grounds within EU equality law, considering its multidimensionality and intersectionality. The contributors to the volume theorise the move from formal to substantive equality law and its interrelation to new forms of governance, demonstrating the specific combination of non-discrimination law with welfare state models which reveal the global implications of the European Union. The book will be of interest to academics and policy makers all over the world, in particular to those researching and studying law, political sciences and sociology with an interest in human rights, non discrimination law, contract and employment law or European studies.
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Age as an Equality Issue

Legal and Policy Perspectives

Author: Sandra Fredman,Sarah Spencer

Publisher: Bloomsbury Publishing

ISBN: 1847310583

Category: Law

Page: 239

View: 2012

Until recently, age discrimination attracted little social opprobrium. However, ageism has now been thrust onto the equality agenda by the spectre of an ageing population. This has led to a range of policies on 'active ageing.' Most importantly, legally binding legislation prohibiting age discrimination in employment will need to be in place by 2006. Remarkably little attention has been paid to the key issues. To what extent is age inevitably linked with declining capacity? What are the central aims of a policy on age equality, and how can these be realised in law? How should law and policy address age discrimination in health, education and employment? What lessons can be learned from the US and Europe? And 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 begins by examining the nature of the ageing process and then turns to a detailed analysis of the concept of age equality. In the light of this analysis, the following three chapters critically assess employment, education, and health. A separate chapter is devoted to discrimination against children. The last two chapters consider the experience in the US, and other European countries.
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Cambridge Yearbook of European Legal Studies

Author: Alan Dashwood,J R Spencer,Angela Ward,Christophe Hillion

Publisher: Bloomsbury Publishing

ISBN: 1847313205

Category: Law

Page: 608

View: 4697

The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in European Union Law, the Law of the Council of Europe, and Comparative Law with a "European" dimension, and particularly those which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, which is the research Centre of Cambridge University Law Faculty specialising in European legal issues. The papers presented are all at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the civil services of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 3 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board: Philip Allott, Tony Arnull, Catherine Barnard, Dan Goyder CBE, Rosa Greaves, Bob Hepple, Lord Lester of Herne-Hill QC, David O'Keeffe, Stephanie Palmer, David Vaughan QC, David Williams Q.C., D.A.Wyatt Q.C. Founding Editors: Alan Dashwood and Angela Ward
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