Eu Law Essay

Another important discrimination practice in health and social care is the age of an individual. Age discrimination happens when someone is treated unfavourably because of their age, without justification, or is harassed and victimised because of their age. Age discrimination also happens when someone is denied something because of their age, for example there were controversies regarding giving older people drugs because of their shorter life expectancy, due to their age. Some people have argued that the money would be better spent on drugs for younger people. This is a massive discrimination against older people. An example of age discrimination in a health and social setting is that someone might not be provided a certain service because of their old age for example if they apply for a job as a nurse they might refuse their application because of their old age. This is a type of discrimination in a lot jobs but this was an example from a health and social service.

In 1976 the then European Economic Community (EEC) implemented the Equal Treatment Directive (ETD), the first European wide employment legislation applied to all members of the EEC. Its principle was the equal treatment of men and women in employment, working conditions, promotion and training.

| The Equality Act 2010 brought together existing regulations that already gave protection against ageism and other forms of discrimination, and extended them.  Since October 2010 this has been the main law relating to age discrimination, protecting you against ageism in employment, education and training.The law maintains your right not to be disadvantaged or treated badly at work because of your age.

According to The U.S. Equal Employment Opportunity Commission (n.d.), “The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals 40 years of age or older from employment discrimination based on their age and it applies to both job applicants and employees. With regards to condition, any term or privilege of employment, it is against the law under the ADEA to discriminate against a person because of his/her age which includes layoff promotion, compensation, hiring, firing, training, job assignments and benefits. It is also unlawful for an employer to discriminate against anyone for opposing employment practices that discriminate based on age or for filing as age discrimination charge, testifying or participating in an in an investigation proceeding or litigation under the ADEA” (para.1).

Age discrimination legislation therefore applies effectively to everyone who is applying for work and who is

This says it is unlawful for an employer or potential employer to discriminate against you at work because of your age.

In this case the Petitioner was a mature student who challenged her refusal of a student loan and asks for a Judicial Review against the decision of the Student Awards Agency for Scotland (“SAAS”).MS Elizabeth Hunter (56) was refused a student loan on the grounds of the age limit which was set (55) years under Regulations of 2007 (“2007 Regulations”) reg.3 (2) (b) (ii) . Which says “aged 50 or over and under the age of 55 on that day and Scottish Ministers are satisfied that person intends to enter employment after completion of the course”. MS Hunter petitioned for judicial review that the regulations were incompatible and discriminating against the right of over 55-year-old students. The ECHR article 14 read with protocol 1 article 2 which was ultra vires of the Scottish Ministers and fell to be reduced. The decision made by the “SAAS” under the regulations 2007 was therefore also ultra vires and fell to be reduced. The Scottish Ministers had failed to protect over 55-year-old students’ rights under the duty (“PSED”) imposed by the Equality Act 2010 s 149. Section 149 (7) of the Equality Act 2010 protects the rights of people under “Protected Characteristics” where this section covers some sort of people such as age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex and sexual orientation are protected; no one can discriminate under these situations.

Age had always and forever will be a large part of our lives. Either you are too young to do something or so old you are only now able to receive a benefit. Age minimums, maximums, requirements and restrictions are all something we are all too familiar with. One famous age restriction is the legal drinking age. This restriction had been put in place to protect young adults but I believe it had done more damage than protecting.

Employment Equality (Age) Regulations 2006- This says it is unlawful for an employer or potential employer to discriminate against you at work because of your age. The Residential Care and Nursing Homes Regulations 2002. This protects the rights of people living in care homes.

Treaty of Lisbon has provided that Union should uphold the representative democracy and thus, the legislative power is divided between the European Commission (‘the Commission’) which represents the interest of the European Union as a whole, the Council of Ministers (‘the Council’) which represents the Member States’ interests or their citizens and the European Parliament which represents its citizens’ interests. However, only 34% turned out to vote at the last EU election which implied a growing dissent in Europe. The EU is described as “undemocratic from the start”. The gist of the question is whether the EU law-making process is sufficiently democratic. EU’s democratic performance should be judged on the basis of subsidiarity, representativeness, accountability and engagement.

Age discrimination in employment is a complex issue which impacts many areas of Government policy and has many implications for individuals themselves. Age discrimination can occur across all spectrums of employment and can affect both young and old. Age discrimination can affect a person’s chances of getting a job, and potentially their chances of promotion or development within the workplace. Age can also be a factor when employers are deciding who should be selected during a workforce downsize or redundancy of work due to a mergers and acquisitions.

Later, as the European Economic Community changed into the European Community and more recently into the European Union (EU), it has become more and more common for all member states to legislate in order to give effect to employment laws which

Age discrimination has some special aspects that make it different from other types of employment discrimination. I will also discuss a few. Included will be several court decisions on cases

Age discrimination is mainly toward the older (60 +) and younger (14-17) people in their early teens. Many Americans have been fired, forced into retirement, or turned down from a job due to their age. Older age employers are discriminated against in the workplace because of appearance and their ability to do the work required is believed to slow. Employers are more likely to hire a person who is much younger and more attractive than an elderly person. Also, employers want to employ people who are able to do the work required. This is another way in which older people are discriminated against even though they may be very capable to do the job. “The Age Discrimination Act of 1975 prohibits discrimination on the basis of age in programs and activities

The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating on the basis of age. An employee is