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Age Discrimination Law in Europe

Age Discrimination Law in Europe Author Nicky ten Bokum
ISBN-10 9789041131317
Release 2009
Pages 401
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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

Age Discrimination and Labour Law Author Mia Rönnmar
ISBN-10 9041149791
Release 2015
Pages 482
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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

The Law on Age Discrimination in the EU Author Malcolm Sargeant
ISBN-10 9789041125224
Release 2008
Pages 241
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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

EU Anti Discrimination Law Author Evelyn Ellis
ISBN-10 9780199698462
Release 2012-11-29
Pages 519
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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 Discrimination in Employment

Age Discrimination in Employment Author Malcolm Sargeant
ISBN-10 9781317183792
Release 2016-04-01
Pages 242
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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.



Extending Working Life for Older Workers

Extending Working Life for Older Workers Author Alysia Blackham
ISBN-10 9781509905775
Release 2016-11-03
Pages 256
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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.



Engineering Equality

Engineering Equality Author Alexander Somek
ISBN-10 9780199693375
Release 2011-05-05
Pages 217
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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

The Law on Age Discrimination in the EU Author Malcolm Sargeant
ISBN-10 9789041125224
Release 2008
Pages 241
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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 Non Discrimination Law in the Courts

EU Non Discrimination Law in the Courts Author Jule Mulder
ISBN-10 9781509906215
Release 2017-01-12
Pages 344
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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.



Research Handbook on EU Labour Law

Research Handbook on EU Labour Law Author Alan Bogg
ISBN-10 9781783471126
Release 2016-12-30
Pages 592
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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.



Tackling Multiple Discrimination

Tackling Multiple Discrimination Author
ISBN-10 UVA:X030375209
Release 2007
Pages 70
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Recoge: 1.Methodological approach to the study - 2. Literature review - 3. Exploring multiple discrimination from a legal perspective - 4. Exploring multiple discrimination - 5. Good practice - 6. Recommendations and suggestions.



Age as an Equality Issue

Age as an Equality Issue Author Sandra Fredman
ISBN-10 9781841134055
Release 2003
Pages 223
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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.



European Labour Law and the EU Charter of Fundamental Rights

European Labour Law and the EU Charter of Fundamental Rights Author Brian Bercusson
ISBN-10 3832921087
Release 2006
Pages 728
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European Labour Law and the EU Charter of Fundamental Rights has been writing in one form or another for most of life. You can find so many inspiration from European Labour Law and the EU Charter of Fundamental Rights also informative, and entertaining. Click DOWNLOAD or Read Online button to get full European Labour Law and the EU Charter of Fundamental Rights book for free.



Redundancy Law in Europe

Redundancy Law in Europe Author Maarten van Kempen
ISBN-10 9789041127648
Release 2008
Pages 278
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"This book provides an overview of the relevant legislation regarding redundancy schemes in each of the 27 EU Member States, as well as Russia and Switzerland. Following an introductory chapter describing the European directive regarding mass redundancies, 29 country reports written by one or more experienced employment lawyers from the respective country offer overviews of relevant national legislation and case law regarding timing, information and consultation, risks, and costs, as well as practical legal guidance."--Publisher.



EU Social and Employment Law 2E

EU Social and Employment Law 2E Author Philippa Watson
ISBN-10 0199689156
Release 2014-03
Pages 440
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This new edition provides a distinctively broad-based approach to EU employment law, covering related social policy and anti-discrimination measures, as well as a detailed overview of how policy and law are made.



The EU as a Global Actor Bridging Legal Theory and Practice

The EU as a Global Actor   Bridging Legal Theory and Practice Author Jenő Czuczai
ISBN-10 9789004347175
Release 2017-07-03
Pages 496
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In this collection, practitioners from EU institutions and academics provide unique insight into EU practice in EU external relations and institutional law.



Employers and the Law 2013 14 Anthology of Best Articles

Employers and the Law  2013   14 Anthology of Best Articles Author George J. Siedel
ISBN-10 9780990367161
Release 2014-05-18
Pages
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The law touches almost every aspect of the relationship between employers and their employees. Hundreds of articles are written every year about legal developments that impact this relationship. This book is a compilation of the best of these articles that were written between March 1, 2013, and February 28, 2014. This time frame was selected because it includes end-of-year articles that review key changes in the law during 2013 and beginning-of-year articles that cover trends and action items for 2014. The articles in this collection were written by leading US employment law experts. In selecting these articles, the goal was to include articles that are concise, clearly-written, practical, and relevant to the responsibilities of business owners, managers, and human resource professionals—and to their legal advisors. The result is a mixture of two types of articles. Some articles focus on fundamental, recurring legal concerns. These include, for example, articles on employer responsibilities relating to holiday activities, off-duty conduct, record keeping, reductions in force, retaliation, seasonal workers, severance agreements, trade secrets, and workplace violence. Other articles address issues that have recently received national attention as a result of changes in the business and legal environment. These include articles on employer responsibilities relating to criminal background checks, Bring Your Own Device policies, workplace bullying, electronic communications, “leaning in,” obesity, social media, telecommuting, and workplace wellness programs. The articles are organized into four groupings. The first group (“Opening Test”) will test whether you have a sound understanding of employers’ legal responsibilities. The second group (“Broad Coverage”) includes review articles that summarize legal developments in 2013 and agendas for 2014. Articles in the third group (“Global Concerns”) address US employers’ increasing concerns with the legal environment outside the United States. The fourth group of articles (“Specific Topics”) comprises most of the book and covers specific topics relating to ongoing and emerging legal responsibilities of employers. We hope that the resources in this book will help you achieve business success in a responsible manner.