Age discrimination at the workplace

Abstract

Age discrimination unlike other forms of discrimination such as gender and race, often goes unnoticed, deemed to be frivolous or an acceptable form of discrimination. Such reality begs the question whether age discrimination should be treated as the other forms of discrimination due to its seemingly harmless nature and whether legislation prohibiting this form of discrimination is even necessary. Also, the question arises whether such form of discrimination is an enforceable right or merely an expectation. This type of discrimination might exist in our daily lives without us even realising that it is in fact a form of discrimination. Nonetheless, such a fact does not diminish its effects and neither does it render it a lawful and acceptable form of discrimination. In addition, there is a lack of knowledge and awareness surrounding this form of discrimination by the Maltese population in general and even by the legal profession. In fact, the perception of age discrimination in employment is solely associated with older employees who are viewed as being less employable and less valuable to the employers. This lack of proper knowledge and awareness of age discrimination and its effects has prompted me to write this thesis in order to try to understand this relatively new and different form of discrimination. To date, legislation prohibiting age discrimination has been focusing on age discrimination occurring at the workplace. As a result this thesis will focus only on age discrimination in terms of employment law. The thesis commences with an attempt at defining age discrimination and who is affected by such type of discrimination. Its legislative basis is the Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, as at present it is the most important piece of anti-age discrimination legislation at a Community level. It then develops into an analysis of the different forms of age discrimination and its manifestation in the employment process. Every aspect of this thesis is supported by reference to the above mentioned Council Directive, the legislation of the Member States and the case law of the European Court of Justice and Member States.