Age Discrimination: Equal Treatment with Exceptions

Abstract

The likelihood of age discrimination in relation to employment increases the older a person becomes. The concern is that, partly as a result of this discrimination, large numbers of older workers leave the workforce and become economically inactive. This in turn brings increased pressures on the remaining members of the workforce and increased pressures on public finances in relation to pensions and healthcare.

The Equal Treatment in Employment and Occupation Directive (2000/78/EC) approaches this problem by introducing the principle of equal treatment in a number of areas related to employment, including age. The reasons for action on age discrimination rests upon two potentially conflicting justifications. The first is a human rights one based upon the right of all persons to equality before the law and the second is one concerned with implementing EC Employment Guidelines on integrating disadvantaged groups into the workforce. This second justification is likely to lead to a much more pragmatic approach which in turn may compromise the principle of equality of treatment. This article, uses survey material, to argue that the potential conflict between an equal treatment approach and the functional, more pragmatic, approach may lead to a lessening of the effectiveness of measures prohibiting age discrimination.