CEU Electronic Theses and Dissertations, 2016
| Author | Glavina, Monika |
|---|---|
| Title | Ageism in the form of mandatory retirement: A comparative analysis of the legal frameworks of the UN, the USA and the EU |
| Summary | This thesis discusses the issue of mandatory retirement, defining it as a form of age discrimination in the workplace. It argues that, in today’s ageing society, imposing mandatory retirement ages has neither economical nor moral justification. A comparative analysis of the legal frameworks of the UN, the US and the EU is conducted for two purposes. First, to analyse the development of age discrimination legislation within these jurisdictions, and second, to highlight positive examples of legislations and court decisions concerning the protection against mandatory retirement. The findings of the research suggest that the UN system lacks a comprehensive, effective and enforcing mechanism for an adequate protection against mandatory retirement. The US and the EU both enacted legally binding legislation where age enjoys the status of a protected attribute. Termination on the ground of age is however only prohibited in the US due to the Age Discrimination in Employment Act which was enacted in 1967. Long-standing and well-established legislation on age discrimination in the US has provided some of the best examples of good practices, both in the legislation and in case law. The EU Employment Equality Framework Directive and the Court of Justice of the EU, on the other hand, give broad discretion to national states to choose appropriate means of achieving their social policy objectives, even when this includes laying down mandatory retirement ages. Despite of that, the EU provides several examples of good practices. Unlike in the US where older persons do not enjoy constitutional protection, the EU court recognises the principle of non-discrimination on grounds of age as a general principle of EU law. Moreover, the most recent mandatory retirement case decided by the CJEU suggests that EU Member States need to be very careful when they want to change their already established age limits. Considering the most recent developments, the practice of mandatory retirement will undoubtedly undergo significant changes in the coming decades, particularly at the EU and the UN level. |
| Supervisor | Kollonay-Lehoczky, Csilla |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2016/glavina_monika.pdf |
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