Should Age Discrimination Be an Integral Part of Employment Discrimination Law?
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Lilach Lurie
Abstract
This 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.
Types of Legal Regimes
| I | II | III | ||
|---|---|---|---|---|
| No Prohibition on Age Discrimination | Specific Anti–Age Discrimination Prohibition | A General Ban on all Kinds of Employment Discrimination | ||
| A | No Prohibition of Age Discrimination | (Past) | ||
| B | A Weaker Protection against Age Discrimination | US | EU | |
| C | Same Protection against kinds of all Discrimination | Israel |
Expansion of the Protected Groups
| Year | Law | Prohibited discrimination cause of action |
|---|---|---|
| 1981 | Equal Employment Opportunity Law, in 5741–1981 | Gender, marriage, parenthood |
| 1988 | Equal Law, 5748Opportunities –1988 at Work | Gender, marriage, parenthood |
| +1992 | Equal Opportunities at Work Law, (amendment) 5752–1992 | Personal status, sexual orientation |
| 1995 | Equal Opportunities at Work Law, (amendment no. 3) 5755–1995 | Age, race, religion, nationality, country of origin, outlook or party |
| 1997 | Equal Opportunities at Work Law, (amendment no. 4) 5758–1997 | Duration of reservist service |
| 1998 | Equal Rights for People with Disabilities Law, 5758–1998, § 8 | Disabilities |
| 2001 | Equal Opportunities at Work Law, (amendment no. 8) 5762–2001 | Reservist service |
| 2004 | Equal Opportunities at Work Law, (amendment no. 9) 5764–2004 | Pregnancy |
| 2007 | Equal Opportunities at Work Law, (amendment no. 11) 5767–2007 | Fertility treatments, extracorporeal fertilization treatments |
| 2014 | Equal Opportunities at Work Law, (amendment no. 22), 5775–2014 | Place of residence |
© 2020 by Theoretical Inquiries in Law
Artikel in diesem Heft
- Frontmatter
- Introduction
- 25 Years of Elder Law: An Integrative and Historical Account of the Field of Law and Aging
- Elder Law and Its Justifications: A Hybrid Vision Inspired by Family Law Jurisprudence
- Intergenerational Support of Older Adults by the ‘Mature’ Sandwich Generation: The Relevance of National Policy Regimes
- A Socio-Legal Analysis of Elder Care Laws in India
- Should Age Discrimination Be an Integral Part of Employment Discrimination Law?
- Vulnerability, Law, and Dementia: An Interdisciplinary Discussion of Legislation and Practice
- Age, Equality, and Vulnerability
- A Framework for Theoretical Inquiry into Law and Aging
Artikel in diesem Heft
- Frontmatter
- Introduction
- 25 Years of Elder Law: An Integrative and Historical Account of the Field of Law and Aging
- Elder Law and Its Justifications: A Hybrid Vision Inspired by Family Law Jurisprudence
- Intergenerational Support of Older Adults by the ‘Mature’ Sandwich Generation: The Relevance of National Policy Regimes
- A Socio-Legal Analysis of Elder Care Laws in India
- Should Age Discrimination Be an Integral Part of Employment Discrimination Law?
- Vulnerability, Law, and Dementia: An Interdisciplinary Discussion of Legislation and Practice
- Age, Equality, and Vulnerability
- A Framework for Theoretical Inquiry into Law and Aging
