Distinguishing between Justifiable Treatment and Prohibited Discrimination in Respect of Age

摘要

The EU Directive establishing a general framework for equal treatment in employment and occupation is concerned with tackling discrimination on the grounds of age, disability, religion or belief and sexual orientation. It is confined to the field of employment but nevertheless, when adopted in 2000, it marked a significant step forward in widening the scope of EU equality law. Member States were required to transpose the Directive into national law within three years. There was the possibility for states to extend the implementation period for a further three years, making six in all, in respect of age and disability in order to "take account of particular conditions". Among those who took advantage of the extra time-limit in respect of age was the United Kingdom. The purpose of the Directive is set out in art.1 as laying down a general framework for combating discrimination and putting into effect the principle of equal treatment. The principle of equal treatment means, according to art.2, that there should be no direct or indirect discrimination on the grounds of age. There are, however, opportunities to justify age discrimination. Recital 25 of the Directive's Preamble states that: "The prohibition of age discrimination is an essential part of meeting the aims set out in the Employment Guidelines and encouraging diversity in the workforce. However, differences in treatment in connection with age may be justified under certain circumstances and therefore require specific provisions which may vary in accordance with the situation in Member States. It is therefore essential to distinguish between differences in treatment which are justified, in particular by legitimate employment policy, labour market and vocational training objectives, and discrimination which must be prohibited."