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

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MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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