Publication details
Nerovné zacházení z důvodu věku v zaměstnání a při výkonu povolání
| Title in English | Unequal Treatment based on Age in Employment and Occupation |
|---|---|
| Authors | |
| Year of publication | 2023 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | Open access článku |
| Keywords | Unequal treatment; discrimination; age; access to employment or occupation; obligatory retirement; legitimate aim; means to achieve legitimate aim; social policy; labour market policy. |
| Description | The paper is dedicated to unequal treatment based on age in employment and occupation. The first part aims at the definition of age as prohibited grounds of discrimination because contrary to other prohibited grounds of unequal treatment such as sex, race, sexual orientation or disability, the age represents possible grounds for different treatment in the course of professional life for all persons participating in the labour market. Subsequently, legal definition of discrimination in the EU law and the Czech national law is analysed. Besides definition of discrimination which is prohibited, both legal orders state quite a large number of exceptions from the definition of discrimination, in other words, justifications for unequal treatment based on age. Some of the exceptions from the definition of discrimination concern all prohibited grounds of discrimination (genuine and determining occupational requirement for particular occupational activities), some of them relate to age specifically because the participation of particular age groups in professional life is affected by number of social economic impacts such as employment policy, labour market policy or social policy in general by stating of retirement age or promotion of employment for particular age groups. The main part of the article aims at the most frequent forms of unequal treatment based on age in employment and occupation that became the subject matter of interpretation by the Court of Justice of the EU as relates the establishment of discrimination based on age and application of justifications for unequal treatment. These forms of unequal treatment include stating the maximum age limit for access to particular employment or occupation, termination of an employment relationship on the date of reaching of a particular age or unequal access to social advantages related to employment on the grounds of age. |