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Reforming Age Discrimination Law Beyond Individual Enforcement electronic Alysia Blackham

By: Material type: TextTextSeries: Oxford AcademicPublisher: Oxford Oxford University Press 2022Edition: First EditionDescription: 393 p All black and white imagesContent type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9780191891724
Subject(s): Additional physical formats: Print Version: No titleDDC classification:
  • 340
LOC classification:
  • K1701 533
Online resources:
Contents:
Contents: Table of Cases – Table of Legislation – List of Abbreviations – List of Figures – List of Tables – 1. The Enduring Challenge of Age Discrimination – I:THE NORMATIVE FOUNDATION OF AGE DISCRIMINATION LAW AND ITS ENFORCEMENT – 2. Towards a Theory of Age Discrimination Law: The Normative Basis for Preventing Age Discrimination – 3. Models for Enforcing Age Discrimination Law – II.ENFORCING AGE DISCRIMINATION LAW: EMPIRICAL CASE STUDIES – 4. Claiming – 5. Negotiation and Alternative Dispute Resolution – 6. Hearing and Judgment – III.BEYOND INDIVIDUAL ENFORCEMENT – 7. Positive Duties – 8. Agency Enforcement – 9. Collective Enforcement – 10. Conclusion: Reforming Age Discrimination Law – Appendix 1.Reforming Age Discrimination Law – Index
Abstract: Age is a critical issue for labour market policy. Both younger and older workers experience significant challenges at work. Despite the introduction of age discrimination laws, ageism remains prevalent. This book offers a roadmap for the future development of age discrimination law in common law countries, to better address workplace ageism. Drawing on theoretical, doctrinal, and empirical legal scholarship, and comparative perspectives from the United Kingdom, Australia, and Canada, the book provides a grounded critique of existing age discrimination laws and their enforcement, and puts forward concrete suggestions for legal reform and change. It examines the challenges and limitations of existing legal frameworks and the individual enforcement model for addressing age discrimination in employment, mapping the stages of claiming, negotiation, or alternative dispute resolution, and hearing and judgment, using mixed method case studies of the enforcement of age discrimination law in the United Kingdom and Australia. The book puts forward a fourfold model of reform to strengthen age discrimination law, to improve the individual enforcement model, strengthen positive equality duties, bolster the roles of statutory equality agencies, and enhance collective enforcement. The book critically considers how these options might address the limits of existing laws, and the practical measures necessary to ensure their success.
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Includes bibliographical references and index.

Contents: Table of Cases – Table of Legislation – List of Abbreviations – List of Figures – List of Tables – 1. The Enduring Challenge of Age Discrimination – I:THE NORMATIVE FOUNDATION OF AGE DISCRIMINATION LAW AND ITS ENFORCEMENT – 2. Towards a Theory of Age Discrimination Law: The Normative Basis for Preventing Age Discrimination – 3. Models for Enforcing Age Discrimination Law – II.ENFORCING AGE DISCRIMINATION LAW: EMPIRICAL CASE STUDIES – 4. Claiming – 5. Negotiation and Alternative Dispute Resolution – 6. Hearing and Judgment – III.BEYOND INDIVIDUAL ENFORCEMENT – 7. Positive Duties – 8. Agency Enforcement – 9. Collective Enforcement – 10. Conclusion: Reforming Age Discrimination Law – Appendix 1.Reforming Age Discrimination Law – Index

Age is a critical issue for labour market policy. Both younger and older workers experience significant challenges at work. Despite the introduction of age discrimination laws, ageism remains prevalent. This book offers a roadmap for the future development of age discrimination law in common law countries, to better address workplace ageism. Drawing on theoretical, doctrinal, and empirical legal scholarship, and comparative perspectives from the United Kingdom, Australia, and Canada, the book provides a grounded critique of existing age discrimination laws and their enforcement, and puts forward concrete suggestions for legal reform and change. It examines the challenges and limitations of existing legal frameworks and the individual enforcement model for addressing age discrimination in employment, mapping the stages of claiming, negotiation, or alternative dispute resolution, and hearing and judgment, using mixed method case studies of the enforcement of age discrimination law in the United Kingdom and Australia. The book puts forward a fourfold model of reform to strengthen age discrimination law, to improve the individual enforcement model, strengthen positive equality duties, bolster the roles of statutory equality agencies, and enhance collective enforcement. The book critically considers how these options might address the limits of existing laws, and the practical measures necessary to ensure their success.

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