Distinction based on age was and still seems to be common practice at workplace without the question arising whether the applied measures and practices are objectively justified. However, such ignorance no longer seems acceptable nowadays in view of the individual’s dignity as well as in view of economical issues. Fertility rates decrease and older workers leave employment too early. Current pension systems are not designed to finance the longevity of today’s retirees. It should be of special concern to eliminate any discrimination against older workers which deprives them of the possibility to work.
This study compares age discrimination legislation of Europe, Germany and the USA regarding access to employment, conditions of employment and termination of employment. It also integrates an economic and sociological viewpoint and offers a possible solution to better eradicate discrimination. This study addresses academics and professionals in the field of labour law and will also be of interest for employers.
Table of Contents
Preface
Abbreviations
Introduction
Part I Age discrimination: the problem
Chapter 1 Grasping the problem
1.1 What is an older worker?
1.2 Unemployment of older people
1.3 Reasons for high unemployment rates of older people
Chapter 2 How to deal with age discrimination?
2.1 Distinction vs. discrimination
2.2 Necessity of legislation
Part II Dealing with age discrimination
Chapter 3 Europe – Directive 2000/78/EC
3.1 Scope
3.2 Forms of discrimination
3.3 Exemption/Justification
3.4 Burden of proof
3.5 Sanctions
3.6 Heated debates surrounding the Mangold case
3.7 Summary
Chapter 4 Germany – General Act on Equal Treatment
4.1 Scope
4.2 Forms of discrimination
4.3 Exemption/Justification
4.4 Other provisions
4.5 Summary
Chapter 5 United States – Age Discrimination in Employment Act 1967
5.1 Scope
5.2 Forms of discrimination
5.3 Justification/defences
5.4 Burden of proof
5.5 Sanctions
5.6 Waiver of rights
5.7 Summary
Part III Comparative approach: The EU, Germany and the United States
of America
Chapter 6 Access to employment
6.1 Recruitment procedure
6.2 Minimum recruiting age
6.3 Maximum recruiting age
Chapter 7 Conditions of employment
7.1 Salary related to age
7.2 Vocational training
7.3 Extension of holiday leave
Chapter 8 Termination of employment
8.1 Specific fixed-term contracts for older workers
8.2 Dismissal
8.3 Retirement ages
Chapter 9 Summary
Chapter 10 Conclusions
Bibliography
