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Reforming Age Discrimination Law: Beyond Individual Enforcement


ISBN13: 9780198859284
Published: June 2022
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £87.00



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Age is a critical issue for labour market policy. Both younger and older workers experience significant challenges at work. Despite the introduction of age discrimination laws, ageism remains prevalent.

This volume offers a roadmap for the future development of age discrimination law in common law countries, to better address workplace ageism. Drawing on theoretical, doctrinal and empirical legal scholarship, and comparative perspectives from the United Kingdom, Australia, and Canada, the book provides a socio-legal critique of existing age discrimination laws and their enforcement and proposes concrete suggestions for legal reform and change. Building on legal and interdisciplinary insights, it examines the challenges and limitations of existing legal frameworks and the individual enforcement model for addressing age discrimination in employment, mapping the stages of claiming, negotiation or alternative dispute resolution, and hearing and judgment, using mixed-method case studies of the enforcement of age discrimination law in the United Kingdom and Australia.

Reforming Age Discrimination Law puts forward a four-fold model of reform to strengthen age discrimination law, to improve the individual enforcement model, strengthen positive equality duties, bolster the roles of statutory equality agencies, and enhance collective enforcement. This work critically considers how these options might address the limits of existing laws, and the practical measures necessary to ensure their success, to move beyond the individual enforcement of age discrimination law.

Subjects:
Employment Law, Discrimination Law
Contents:
1: The Enduring Challenge of Age Discrimination
PART 1: THE NORMATIVE FOUNDATION OF AGE DISCRIMINATION LAW AND ITS ENFORCEMENT
2:Towards a Theory of Age Discrimination Law: The Normative Basis for Preventing Age Discrimination
3: Models for Enforcing Age Discrimination Law
PART 2: ENFORCING AGE DISCRIMINATION LAW: EMPIRICAL CASE STUDIES
4:Claiming
5:Negotiation and Alternative Dispute Resolution
6:Hearing and Judgment
PART 3: BEYOND INDIVIDUAL ENFORCEMENT
7:Positive Duties
8:Agency Enforcement
9:Collective Enforcement
10:Conclusion: Reforming Age Discrimination Law

Series: Oxford Labour Law

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Reforming Age Discrimination Law: Beyond Individual Enforcement (eBook) ISBN 9780192603050
Published June 2022
Oxford University Press
£72.50
(ePub)
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Putting Human Rights to Work: Labour Law, The ECHR, and The Employment Relation ISBN 9780192894595
Published March 2022
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