header-logo header-logo

20 April 2007 / Jonathan Swift
Issue: 7269 / Categories: Features , Discrimination , Terms&conditions , Employment
printer mail-detail

Pale, stale, male

Can compulsory retirement ages survive the onslaught of equality legislation, asks Jonathan Swift

Is it a truth universally acknowledged that an older man in possession of a good fortune must be in want of a discrimination claim? The overwhelming majority of people who have sought the protection of the American Age Discrimination in Employment Act 1967 have been men of a certain age. Hence the rise of the ‘pale stale male’, the stereotype equivalent for discrimination lawyers of the ‘dead white European male’ beloved of social historians. This is not altogether surprising in the US since its Act only seeks to protect those aged 40 and over and, within that class, those with the most to lose have tended to be men in professional and managerial positions.

COMBATING DISCRIMINATION

The prohibition on age discrimination contained within Council Directive 2000/78/EC (the Directive) is of a different nature. It is not aimed simply at discrimination against the old. Instead it seeks to combat unlawful discrimination “on grounds of…age”: in principle providing protection for people

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DAC Beachcroft—Clare Dewar

DAC Beachcroft—Clare Dewar

DAC Beachcroft strengthens Scottish real estate capabilitywith partner appointment

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson appoints Brendan Ryan as partner in Public Law Projects team

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers welcomes five new barristers

NEWS
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
back-to-top-scroll