Artykuły w czasopismach: „Age discrimination in employment”

1

Bessey, Barbara L., i Srijati M. Ananda. "Age Discrimination in Employment". Research on Aging 13, nr 4 (grudzień 1991): 413–57. http://dx.doi.org/10.1177/0164027591134002.

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Posner, Richard A. "Employment discrimination: age discrimination and sexual harassment". International Review of Law and Economics 19, nr 4 (grudzień 1999): 421–46. http://dx.doi.org/10.1016/s0144-8188(99)00021-6.

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Martinez, Oscar R., i Brian H. Kleiner. "Discrimination in Employment by Age". Equal Opportunities International 12, nr 5 (maj 1993): 1–5. http://dx.doi.org/10.1108/eb010607.

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Koen, Cliff. "Age discrimination in employment law". Employee Responsibilities and Rights Journal 4, nr 4 (grudzień 1991): 329–30. http://dx.doi.org/10.1007/bf01385036.

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Gunderson, Morley. "Age Discrimination in Employment in Canada". Contemporary Economic Policy 21, nr 3 (lipiec 2003): 318–28. http://dx.doi.org/10.1093/cep/byg013.

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Roscigno, V. J., S. Mong, R. Byron i G. Tester. "Age Discrimination, Social Closure and Employment". Social Forces 86, nr 1 (1.09.2007): 313–34. http://dx.doi.org/10.1353/sof.2007.0109.

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Encel, S. "Age discrimination in employment in Australia". Ageing International 25, nr 2 (wrzesień 1999): 69–84. http://dx.doi.org/10.1007/s12126-999-1017-1.

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Sargeant, Malcolm. "Young Workers and Age Discrimination". International Journal of Comparative Labour Law and Industrial Relations 26, Issue 4 (1.12.2010): 467–78. http://dx.doi.org/10.54648/ijcl2010029.

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The Framework Directive on Equal Treatment in Employment and Occupation applies to all those in employment, with respect to preventing discrimination on the grounds of age. This article is concerned with the effects of this upon young workers, rather than older workers who are the traditional focus for much of the research on age. Consideration is given to relevant cases at the European Court of Justice (ECJ), as well as in the UK. There is also an examination of the limited research done on this subject and a justification of the need for more.

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Sargeant, Malcolm. "Justifying Age Discrimination". Business Law Review 33, Issue 8/9 (1.08.2012): 204–5. http://dx.doi.org/10.54648/bula2012049.

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Age discrimination is the only protected characteristic contained in the Equality Act 2010 where it is possible to justify both direct and indirect discrimination. In relation to all the other protected characteristics, such as in race and sex discrimination, there is no possibility of justifying direct discrimination. The test, deriving from Art. 6 of the Framework Directive on Equal Treatment in Employment and Occupation (Directive 2000/78/EC), provides that the employer will need to show that they have a legitimate aim and that the potentially discriminatory action taken is a proportionate means (appropriate and necessary) of achieving that aim.

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Sargeant, Malcolm. "Lifelong learning and age discrimination in employment". Education and the Law 13, nr 2 (czerwiec 2001): 141–54. http://dx.doi.org/10.1080/09539960120068336.

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Mackaronis, Christopher G. "The U.S. age discrimination in employment act". Ageing International 13, nr 4 (wrzesień 1986): 15–16. http://dx.doi.org/10.1007/bf03024743.

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Ursel, Nancy D., i Marjorie Armstrong-Stassen. "How age discrimination in employment affects stockholders". Journal of Labor Research 27, nr 1 (marzec 2006): 89–99. http://dx.doi.org/10.1007/s12122-006-1011-2.

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Debrah, Yaw A. "Tackling age discrimination in employment in Singapore". International Journal of Human Resource Management 7, nr 4 (grudzień 1996): 813–31. http://dx.doi.org/10.1080/09585199600000157.

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Sargeant, Malcolm. "The Employment Equality (Age) Regulations 2006: A Legitimisation of Age Discrimination in Employment". Industrial Law Journal 35, nr 3 (1.09.2006): 209–27. http://dx.doi.org/10.1093/indlaw/dwl017.

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Meenan, Helen. "Age Discrimination: Law-Making Possibilities Explored". International Journal of Discrimination and the Law 4, nr 3 (wrzesień 2000): 247–92. http://dx.doi.org/10.1177/135822910000400303.

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Is there a sound model for the United Kingdom (UK) to adopt should it decide to legislate against age discrimination in employment? In this article the writer attempts to answer this question first, by outlining existing UK sex and race discrimination laws and then progressing to an examination of long-standing American legislation and caselaw in this area. Finally, it explores the Irish Employment Equality Act, 1998, a composite and comprehensive act which prohibits discrimination in employment based on ‘age’ and eight other grounds. The strengths and weaknesses of each of these laws are examined in turn and measured against each other. The final analysis would suggest that each of these models can usefully inform any future law-making process to a greater or lesser degree and that good practice and legislation can co-exist in harmony. Moreover, the present lack of legislation in the UK against age discrimination in any area but especially employment, is remarkable when compared with British laws on sex and race discrimination and is ultimately unwise in the face of the real need for remedies and, the present and growing expansion in numbers of that portion of the population and the working population which British and European society call ‘old.’

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Sargeant, Malcolm. "Age Discrimination: Equal Treatment with Exceptions". International Journal of Discrimination and the Law 6, nr 3 (marzec 2005): 251–66. http://dx.doi.org/10.1177/135822910500600304.

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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.

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Adamson, Louise. "Age Discrimination – the New Regime". Legal Information Management 6, nr 4 (grudzień 2006): 302–5. http://dx.doi.org/10.1017/s1472669606000946.

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Louise Adamson, a Professional Support Lawyer in the Employment Team at Maclay Murray & Spens LLP, explores new regulations which tackle discrimination on the grounds of age, highlighting the main provisions and potential legal challenges to the regulations themselves.

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Lurie, Lilach. "Should Age Discrimination Be an Integral Part of Employment Discrimination Law?" Theoretical Inquiries in Law 21, nr 1 (26.02.2020): 103–38. http://dx.doi.org/10.1515/til-2020-0006.

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AbstractThis Article argues that a universal approach to age discrimination promotes justice (including intergenerational justice) and efficiency. As explained herein, legal regimes regulate age discrimination in employment in various ways. While some regimes create specific anti–age discrimination legislation, others ban most kinds of employment discrimination, including age discrimination, in a general way. These latter promote a universal approach to age discrimination. The current Article explores the theoretical justifications for either a particularistic or a universal approach to age discrimination. Additionally, it enriches its theoretical discussion by taking and presenting a snapshot of current litigation in Israel – a country that has adopted a universal approach to age discrimination.

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Meenan, Helen. "Age Equality after the Employment Directive". Maastricht Journal of European and Comparative Law 10, nr 1 (marzec 2003): 9–38. http://dx.doi.org/10.1177/1023263x0301000102.

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This article examines the Employment Directive from the age perspective and endorses a life course approach to ageing. It explores the permitted exclusions on grounds of age and especially the exceptional justification for direct age discrimination, contained in Article 6. In the end, EU Member States may find it more difficult to successfully transpose Article 6 than they imagine. The article reveals special challenges for age and refers to age laws in Ireland and the USA, in particular. It also refers to preparations for transposition in a number of Member States, including the United Kingdom and the Netherlands. Whether and to what extent age will ultimately receive the least protection of all the new grounds, remains to be seen and will depend largely on the individual approaches of the Member States. The ultimate consequence of the additional opportunities for excluding or justifying age discrimination may well be different protected areas throughout the EU.

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LIM, GONGSOO. "Identifying reasonable factors of age discrimination in employment". Korea Law Review 85 (30.06.2017): 233–68. http://dx.doi.org/10.36532/kulri.2017.85.233.

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Taylor, Philip, i Alan Walker. "Combating age discrimination in employment: Education versus legislation". Policy Studies 16, nr 3 (wrzesień 1995): 52–61. http://dx.doi.org/10.1080/01442879508423682.

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Bjelland, Melissa J., Susanne M. Bruyère, Sarah von Schrader, Andrew J. Houtenville, Antonio Ruiz-Quintanilla i Douglas A. Webber. "Age and Disability Employment Discrimination: Occupational Rehabilitation Implications". Journal of Occupational Rehabilitation 20, nr 4 (14.08.2009): 456–71. http://dx.doi.org/10.1007/s10926-009-9194-z.

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Sargeant, Malcolm. "For Diversity, Against Discrimination: the Contradictory Approach to Age Discrimination in Employment". International Journal of Comparative Labour Law and Industrial Relations 21, Issue 4 (1.12.2005): 629–44. http://dx.doi.org/10.54648/ijcl2005029.

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Abstract: This article argues that there is a contradiction contained within the Framework Directive on Equal Treatment in Employment and Occupation and the UK Government?s proposals for implementing it. There is a distinction between the business justification for encouraging diversity in the workforce and the human rights justification for ending age discrimination. The first approach weakens the latter by legitimising continued discrimination on the basis of age. This is especially important because there is a close relationship between age discrimination and discrimination on the grounds of sex, race and disability.

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Lahey, Joanna. "State Age Protection Laws and the Age Discrimination in Employment Act". Journal of Law and Economics 51, nr 3 (sierpień 2008): 433–60. http://dx.doi.org/10.1086/589670.

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Duncan, Colin, i Wendy Loretto. "Never the Right Age? Gender and Age-Based Discrimination in Employment". Gender, Work and Organization 11, nr 1 (styczeń 2004): 95–115. http://dx.doi.org/10.1111/j.1468-0432.2004.00222.x.

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Bengtsson, Lyndsey. "Addressing age stereotyping against older workers in employment". International Journal of Law and Management 62, nr 1 (16.03.2020): 67–92. http://dx.doi.org/10.1108/ijlma-01-2019-0019.

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Purpose The purpose of this paper is to report on an analysis of direct age discrimination cases by the Court of Justice of the European Union (CJEU) and the UK courts and employment tribunals over an 11-year period. The paper focusses upon age stereotyping towards older workers and analyses whether it is endorsed at the European level and/or national level. Design/methodology/approach This research has analysed a sample of 100 employment tribunal judgments concerning direct age discrimination together with 28 CJEU decisions on direct age discrimination. Findings This paper highlights that there are a number of cases in which age stereotyping has been endorsed at the CJEU level. By contrast, the UK courts and employment tribunals have adopted a more robust approach. Research limitations/implications The main limitation is that it only considers case law from the European Court and the influence on the UK case law, without analysing the eventual decisions of the other EU member states. Originality/value The paper contributes to the debate with regard to the approach of the CJEU and the UK courts and employment tribunals in tackling age stereotyping and is the first to examine the influence the CJEU decisions has had on the UK jurisprudence over the period studied.

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Peck, Karen L. "Union Liability under the Age Discrimination in Employment Act". University of Chicago Law Review 56, nr 3 (1989): 1087. http://dx.doi.org/10.2307/1599762.

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Quadagno, Jill S., i Melissa Hardy. "Regulating Retirement through the Age Discrimination in Employment Act". Research on Aging 13, nr 4 (grudzień 1991): 470–75. http://dx.doi.org/10.1177/0164027591134005.

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Finkelstein, Lisa M., Michael J. Burke i Manbury S. Raju. "Age discrimination in simulated employment contexts: An integrative analysis." Journal of Applied Psychology 80, nr 6 (1995): 652–63. http://dx.doi.org/10.1037/0021-9010.80.6.652.

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Adams, Scott J. "Age discrimination legislation and the employment of older workers". Labour Economics 11, nr 2 (kwiecień 2004): 219–41. http://dx.doi.org/10.1016/j.labeco.2003.06.001.

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Jr., Richard J. Hunter,, John H. Shannon i Henry J. Amoroso. "Employment Discrimination Based on Age: Part II: Applying the ADEA in Employment Scenarios: Discrimination, Idle Chatter, or Something Else?" Journal of Public Administration and Governance 9, nr 1 (22.01.2019): 1. http://dx.doi.org/10.5296/jpag.v9i1.14253.

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This article is Part II of a study on the effects of age discrimination in the workplace. In Part I, we considered the origins of the debate on age discrimination and looked at the demographic information that led to the passage of the Age Discrimination in Employment Act (ADEA) in 1967. In Part II, we raise an important question: Is age discrimination still a real problem? The article analyzes the Act through an application to two employment scenarios by looking at the scope of protection, amendments to the original law, the costs of age discrimination to employers, important exceptions to the ADEA, defenses to ADEA charges, procedures for filing an ADEA claim, and waiver provisions. In addition, the article looks carefully at procedural requirements for filing an ADEA claim, remedies available to an aggrieved party, and to questions relating to retaliation by an employer. Finally, the authors consider the question of employer liability for actions undertaken by employers and other parties which are found to be in violation of the law. In doing so, the authors provide answers to the questions raised in the scenarios described at the outset of the article.

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Thüsing, Gregor. "Following the U.S. Example: European Employment Discrimination Law and the Impact of Council Directives 2000/43/EC and 2000/78/EC". International Journal of Comparative Labour Law and Industrial Relations 19, Issue 2 (1.06.2003): 187–218. http://dx.doi.org/10.54648/ijcl2003011.

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Abstract: European employment discrimination law has made a major step forward recently: Council Directives 2000/43/EC and 2000/78/EC aim to prohibit the employer from discriminating because of race or ethnic origin, religion or belief, disability, age and sexual orientation. Similar anti-discrimination provisions were enacted many years ago in the United States. In the light of the experience of the U.S. courts with these statutes, this article intends to explore possible consequences of the new Directive for the Member States’ employment law.

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Rosenbaum, David I. "The Impact of Age on Employment Tenure: Results from an Employment Discrimination Case". Journal of Forensic Economics 13, nr 3 (1.09.2000): 291–301. http://dx.doi.org/10.5085/0898-5510-13.3.291.

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Schiek, Dagmar. "Age discrimination before the ECJ conceptual and theoretical issues". Common Market Law Review 48, Issue 3 (1.06.2011): 777–99. http://dx.doi.org/10.54648/cola2011032.

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Although only addressed by EU law from 2000, age discrimination has been the theme of quite a few cases before the Court of Justice, with a high proportion decided by the Grand Chamber recently. This is due to the conceptual and theoretical challenges that a prohibition to use age as differentiating factor poses. After all, age has been an important stratifier used to synchronize life courses through welfare State regimes in Europe. Partly due to these traditions, there are stereotypes associated with old age, and young age, that in turn lead to disadvantage in employment. For the same reason, age discrimination frequently intersects with discrimination on other grounds, such as sex, race or disability. EU legislation on age discrimination has sought to accommodate the traditional role of age in employment policy by allowing wider justifications than for other forms of discrimination. This leads to contradictions within the larger field of discrimination law, which may even threaten to dilute its efficiency. This article analyses how recent case law of the Court of Justice, and in particular its Grand Chamber, deals with the theoretical challenges posed by these conflicting demands on age discrimination and on discrimination law at large.

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Shurupova, K. V., A. S. Abdel Fatah i T. Yu Sklema. "Age discriminations in the workplace: impact differentiators". Uzhhorod National University Herald. Series: Law, nr 67 (16.01.2022): 139–43. http://dx.doi.org/10.24144/2307-3322.2021.67.28.

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This article contains an analysis of international, national and labor legislation, respectively, in the field of discrimination on the grounds of age. Recommendations for improving legal regulation and application of practical innovations in this area are analyzed and introduced. Given these trends, the prevalence of discrimination in employment and not only on the basis of age, but also on many other factors, such as gender, social status or mental skills, which for many people this provision seems to some extent natural and correct, has allowed and has become a motivating factor in order to carefully study and pay attention to the factors that have increased the effectiveness of this fight against discrimination, the creation of a separate law enforcement act or regulation that will separately regulate discrimination in employment, as well as the development of certain thematic programs to form ideas and attitudes of people in the working team for different age groups, where additional attention will be paid to youth employment. The study also examines international experience in the attitude and methods of solving problems in the field of age discrimination, not only in the field of labor, but in general. The complexity and prevalence of the phenomenon has caused different views on the issue from both scientists and ours, so the paper defines the general concept of discrimination in the field of labor, assigned personal characteristics and separated by special characteristics from related legal categories, clarified methodological inequalities and imperfections that cause a cause-and-effect relationship with a negative indicator of combating this issue. A comparative research method on discrimination in employment on the basis of age, based on the experience of predecessors, namely the comparison of the then society in the modern technological society, where the problem of technological processes and new information resources is absent. In order to achieve a qualitative analysis of the issue, as the purpose of the work as a whole, special attention was paid to criticism and analysis of innovations in international standards of methodological prohibitions and rules to combat the above topic. The classification of types of non-discrimination in the field of labor, the analysis of the legal regulation of the mechanism of improvement of this problem, the special attention was paid to the detection and prevention of discriminatory manifestations in the field of labor in general.

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Bruyère, Susanne M., Sarah von Schrader, Wendy Coduti i Melissa Bjelland. "United States Employment Disability Discrimination Charges: Implications for Disability Management Practice". International Journal of Disability Management 5, nr 2 (1.12.2010): 48–58. http://dx.doi.org/10.1375/jdmr.5.2.48.

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AbstractIt is 20 years since the passage of the Americans With Disabilities Act, yet employment and economic inequities continue for people with disabilities. The purpose of this article is to inform and encourage disability management leading practices to contribute toward reducing these disparities. The approach is an examination of where in the employment process applicants and incumbent employees perceive employment disability discrimination, leading to the filing of charges against an employer. Employment disability discrimination claims filed by individuals over 15 years (1993–2007) with the United States (US) Equal Employment Opportunity Commission or state and local Fair Employment Practice Agencies are studied. The authors analyse employment discrimination charges by year, basis (i.e., protected class characteristics, such as disability, age, or race), issue (i.e., actions of the employer, such as discharge, hiring, or harassment), employer characteristics (i.e, size of business and industry sector), and joint filings under Title VII of the Civil Rights Act (gender, race/ethnicity, and religious discrimination) and the Age Discrimination in Employment Act (ADEA). Special attention is paid to where in the employment process people with specific impairments are perceiving discrimination. Implications of these research findings for the practice and administration of disability management and employer policies are discussed.

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Schmidt, Marlene, i Olga Rymkevich. "Editorial". International Journal of Comparative Labour Law and Industrial Relations 21, Issue 4 (1.12.2005): 535–36. http://dx.doi.org/10.54648/ijcl2005025.

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Anti-discrimination legislation and case law dealing with employment discrimination are among the most topical labour law issues in Europe. As a result, The International Journal for Comparative Labour Law and Industrial Relations has received so many manuscripts on questions related to employment discrimination that we have decided to dedicate a complete issue to this matter. One reason why employment discrimination is such a hot topic is the fact that in recent years extensive EC legislation proscribing employment discrimination has been passed: Directive 2000/43/EC prohibiting discrimination on grounds of race and ethnic origin, Directive 2000/78/EC banning discrimination on grounds of religion or belief, disability, age or sexual orientation, and finally Directive 2002/73/EC amending Directive 76/207/EEC barring sex discrimination in employment and occupation. And a correction in the paper by Kees J. Vos (Vol 21.3)

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Furxhi, Gentisa, Sonela Stillo i Enslemvera Zake (Furxhi. "Job Discrimination and Ethics in the Workplace". European Journal of Multidisciplinary Studies 1, nr 2 (30.04.2016): 138. http://dx.doi.org/10.26417/ejms.v1i2.p138-145.

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Every society wants to have an ethical community. Although, that every citizen wants to be treated as equal, studies show that discrimination and gender inequality in employment relationships are present in every society, at any time. Discrimination is: treating a person or particular group of people differently, especially in a worse way from the way in which you treat other people, because of their skin color, sex, sexuality, etc . Job discrimination is when institutional decisions, policies, or procedures are at least partially based on illegitimate forms of discrimination that benefit or harm certain groups of people. Developed societies have a lower rate of job discrimination than developing societies have. Although, it is unclear why in these societies with economic civilization and culture development, job discrimination still exists, when the right of employment is sanctioned and guaranteed by Labor Code and by specific laws. The most common forms of job discriminations are discriminations based on gender, race, ethnic origin, religion, age. New forms are based on disability, sexual orientation, genetics and lifestyle. Not all discrimination is intentional or conscious. Sometimes people favor some groups of people over others as a matter of personal preference, or unconsciously accept stereotypes. Whatever, job discrimination is intentional or it is conscious, it is always immoral. Job discriminations violates utilitarian, rights and justice principles of ethics. Our study is focused to see how much job discriminations is widespread in Albanian society. We will analyze forms of discriminations to have a clear view which are the most common job discriminations types in Albania. Also, we will figure out if employees who have been discriminated in the workplace, have reported this unethical behavior to their supervisor or at the relevant state bodies. At the end, we will see if there has been any punishment to those who use discrimination to the employees.

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Kuczynski, Yvonne T. "Administrative Res Judicata and the Age Discrimination in Employment Act". Columbia Law Review 89, nr 5 (czerwiec 1989): 1111. http://dx.doi.org/10.2307/1122939.

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Blackham, A. "Falling on Their Feet: Young Workers, Employment and Age Discrimination". Industrial Law Journal 44, nr 2 (29.05.2015): 246–61. http://dx.doi.org/10.1093/indlaw/dwv003.

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Woodworth, George, i Joseph Kadane. "Age- and time-varying proportional hazards models for employment discrimination". Annals of Applied Statistics 4, nr 3 (wrzesień 2010): 1139–57. http://dx.doi.org/10.1214/10-aoas330.

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Morgeson, Frederick P., Matthew H. Reider, Michael A. Campion i Rebecca A. Bull. "Review of Research on Age Discrimination in the Employment Interview". Journal of Business and Psychology 22, nr 3 (15.01.2008): 223–32. http://dx.doi.org/10.1007/s10869-008-9066-0.

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Peres, Catarina Vieira. "EU Case Law Developments on Age Discrimination". Market and Competition Law Review 2, nr 2 (1.10.2018): 151–77. http://dx.doi.org/10.7559/mclawreview.2018.328.

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The principle of non-discrimination on grounds of age has been declared an autonomous EU law principle by the European Court of Justice. This principle has been specified in a Directive, but its scope of application is currently limited to employment and occupational activities. The Directive protects both younger and older workers from being directly or indirectly discriminated due to their age. However, given the specificity of age as a factor of discrimination, the Directive allows the Member States to apply some derogations to this principle if, within the context of national law, they are objectively and reasonably justified by a legitimate aim. In the present contribution, we intend to analyse the Court’s application and interpretation of the principle of non-discrimination on grounds of age as established in the Directive and comment on some of the most relevant preliminary rulings. In many of these rulings, the Court was asked whether the Directive precludes national norms which establish a mandatory retirement age or foresee the termination of the employment contract when the worker reaches a certain age. The Court’s interpretation of the principle of non-discrimination on grounds of age, as established in the Directive, could contribute to easing some of the EU´s current economic, social and demographic challenges and to the improvement of European workers’ lives; however, the Court seems to accept Member States’ derogations to this principle too easily.

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Schlachter, Monika. "Mandatory Retirement and Age Discrimination under EU Law". International Journal of Comparative Labour Law and Industrial Relations 27, Issue 3 (1.09.2011): 287–99. http://dx.doi.org/10.54648/ijcl2011019.

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In what direction has the prohibition of age discrimination been heading since the European Court of Justice (ECJ) ruled in Rosenbladt that there are almost no limits to the discretion of Member States in adopting mandatory retirement rules? This article argues that the general labour market policy of Member States will probably continue to be exempt from strict judicial scrutiny when long-standing features of employment law that are shared by many States are concerned. However, in the case of rules for specific occupations or specific age-related entitlements, the margin of discretion left to the Member States is narrowed down considerably. This article argues that there is a need to bridge the gap between the different control standards. Especially since the entry into force of the European Union (EU) Charter of Fundamental Rights, the interest of some employees to continue in employment and to pursue their chosen occupation needs to be balanced more evenly against the labour market policy of Member States. A suggestion about how to reconcile these interests is put forward.

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Numhauser-Henning, Ann. "The EU Ban on Age-Discrimination and Older Workers: Potentials and Pitfalls". International Journal of Comparative Labour Law and Industrial Relations 29, Issue 4 (1.12.2013): 391–414. http://dx.doi.org/10.54648/ijcl2013025.

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An ageing population is a general demographic trend challenging economic sustainability in terms of employment and pensions as well as overall social cohesion in terms of intergenerational solidarity. The prohibition of discrimination on the grounds of age is potentially an important legal mechanism to promote active ageing. However, equal treatment may well turn out to be a less successful strategy than expected. After presenting recent developments in non-discrimination law more generally (section 2), this article turns to age discrimination in particular (section 3) and the Court of Justice of the European Union (CJEU) case law on compulsory retirement in relation to the Hörnfeldt case. The 'double bind' in non-discrimination law, with on the one hand, individual interests relating to fundamental rights and, on the other, more collective interests in line with active ageing, but also age as a traditional social stratifier, has led to a situation in which also direct age discrimination is justifiable (Article 6.1, Equality Employment Directive) and compulsory retirement is widely accepted by the CJEU. This scope for justified age discrimination is mainly to the detriment of EU active ageing strategies. However, it is important to consider the implications of a ban on compulsory retirement. This article argues that setting aside these provisions may well undermine employment protection as we know it, and also general developments in terms of 'good quality' work. Finally, the economic crisis and rising youth unemployment have made active ageing policies increasingly difficult.

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Terpstra, David E., i André L. Honorée. "Differences in the nature of employment discrimination litigation between private sector organizations and public sector organizations". International Journal of Discrimination and the Law 16, nr 4 (24.07.2016): 200–213. http://dx.doi.org/10.1177/1358229116645677.

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This study reports on the results of a content analysis of federal court cases examining employment discrimination litigation in private, federal, and state/local sector organizations. One objective was to determine whether there are differences in the types of employment discrimination claims (e.g. race, sex, age, and disability) across the different sectors. A second objective was to determine whether there are differences in the outcomes (whether the case outcome or ruling was for the plaintiff or the defendant) of the different types of employment discrimination cases across the different sectors. The results of this study indicate that there are substantial differences in both the types of discrimination charges and the outcomes of those discrimination charges across the different sectors. The implications of the most significant findings are discussed, and recommendations are offered to organizations interested in reducing the occurrence of employment discrimination and the costs associated with employment discrimination litigation.

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김태정. "The Promoting Employment for the middle/Age person and Prohibition of Age Discrimination". SungKyunKwan Law Review 20, nr 1 (kwiecień 2008): 441–64. http://dx.doi.org/10.17008/skklr.2008.20.1.015.

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Wood, Geoffrey, Mark Harcourt i Adrian Wilkinson. "The Effects of Anti-age Discrimination Legislation: A Comparative Analysis". International Journal of Comparative Labour Law and Industrial Relations 26, Issue 4 (1.12.2010): 447–65. http://dx.doi.org/10.54648/ijcl2010028.

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The central aim of this article is to evaluate, compare, and contrast the perceptions of key stakeholders with regard to the likely effects of anti-discrimination legislation on employment relations practice in a liberal market economy, that of the United Kingdom. It is based on a series of in-depth interviews conducted around the time of the implementation of the legislation, compared and contrasted with a similar panel of interviews conducted in New Zealand. In that country, which has similar legal traditions to the United Kingdom and many similarities in terms of employment relations, anti-age discrimination legislation has been in place for some years, so the comparison provides useful insights.

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Kalabikhina, Irina. "PARENTAL RESPONSIBILITIES AND DISCRIMINATION IN EMPLOYMENT". Population and Economics 1, nr 1 (20.12.2017): 89–116. http://dx.doi.org/10.3897/popecon.1.e36034.

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The article is devoted to documenting factors of discrimination of women and men in Moscow’s labour market, related to the presence of parental responsibilities and to the analysis of the opinions of Moscovites on the possibility of combining parental and professional responsibilities. The empirical basis for the research were semi-structured interviews (61 semi-structured interviews, 28 cases of discrimination are described, 22 of which are related to the presence of parental responsibilities) taken between 2013 and 2016 in Moscow, as well as interviews with experts. The types of discriminatory behaviour of employers towards pregnant women and women with small children have been identified ("requests" to resign at their own accord; the payment of "fiat" money only from declared salary; payment of "protection" money for dismissal; agreement on early departure from childcare leave; creation of conditions for women to be extruded after returning to work; enterprise restructuring and using this as an excuse to deny the provision of the corresponding position), as well as discriminatory practices in relation to fathers with small children when their desire to perform parental responsibilities manifests itself and discrimination of young women in employment (as workers with perspective parental responsibilities). Downward trends in the social protection of pregnant women over the past year and a half due to the economic crisis have been noted. Positive legislative changes to reduce discrimination and increase the opportunities for women with children in the labour market (adopted in 2013-2014) have been found to be insufficient to create an enabling environment for employees with parental responsibilities. A study on the attitudes of women and men towards gender roles in the labour market and in the family, the actual possibilities of combining parental and professional responsibilities, has also revealed that discrimination of parents in the labour market was based on widespread gender stereotypes (of employees and employers) that constitute a barrier to the harmonious reconciliation of the professional and family roles of women and men. Employers’ inclination to discriminate workers with parental responsibilities depends on age and the presence of children (employees with small children are in the worst position, in the best – those with children of a senior age as compared to childless, as the most reliable and responsible), which underlines the traditional nature of the structure of gender attitude.Among the young educated informants, there have been (so far rare) cases of modernized attitudes towards the family-work balance, based on a belief in the possibility of full and highly professional female employment combined with motherhood (as opposed to traditional Russian gender attitudes on "the need to have a job that does not interfere with family matters"). The most modernized area is the information technology sector, to a lesser extent - the finance industry. The most traditional one is the sector of education (services). At the same time, the IT industry has barriers and opportunities to combine professional and parental responsibilities.The majority of female informants demonstrated a combination of traditional gender attitudes and employment orientation. The origins of this combination are the memory of generations or the "habit of working"; insurance behaviour in the face of the economic crisis and demographic losses; modernization processes; the "dream of a housewife"; renaissance of patriarchal relations in the Russian society.

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Blackham, Alysia. "Enforcing rights in employment tribunals: insights from age discrimination claims in a new ‘dataset’". Legal Studies 41, nr 3 (25.03.2021): 390–409. http://dx.doi.org/10.1017/lst.2021.11.

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AbstractThe online publication of employment tribunal (ET) decisions in England, Wales and Scotland marks a watershed moment, opening up new innovative avenues for legal research, and promoting transparency in labour law decision-making. Drawing on this ‘dataset’, and using age discrimination decisions as a lens to facilitate analysis, this paper reflects on the advantages and limitations of using online ET decisions as a data source to support labour law research. By considering matters of time in age discrimination decisions – both in relation to time limits for bringing a claim, and ET delays – this paper uses innovative empirical findings to map the limits of the individual enforcement model adopted by discrimination laws, and illustrates some of the barriers to successfully bringing a claim for discrimination.

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