Aldersdiskrimination på det danske arbejdsmarked

Anastasia T.J. Nordensgaard

Studenteropgave: Kandidatafhandlinger

Abstrakt

Even though ageism is banned there are more and more cases concerning age discrimination, why the need to conduct a study of ageism is even greater. The legal scope of this master’s thesis is to analyze whether the Danish Salaried Employees Act paragraphs 2a, stk. 2 and 2b, stk. 1, 3. pkt. conflicts with EU-law. In order for justification of dis-crimination on grounds of age the national provisions have to meet the conditions of a three step test deduced from the case-law of the ECJ. It is analyzed that the provisions in the Salaried Em-ployees Act falls within the scope of Directive 2000/78 and so within the scope of EU-law, and that the provisions are also founded on a criterion based on grounds of age. The aim pursued by the pro-visions is also legitimate as the aim is objectively and reasonably. But the Salaried Employees Act paragraph 2a, stk. 2 and 2b, stk. 1, 3. pkt. conflicts with the principle of proportionality because the means to achieve the goal of protecting the white collar workers goes beyond what is necessary and distort the legitimate interests of the workers. The conclusion is that the provisions are in conflict with the principle of non-discrimination on grounds of age and cannot be justified. Meanwhile the economic scope of the thesis is to analyze the different incentives employers can have to age discrimination and to find evidence of whether ageism is a problem on the Danish la-bour market. The theoretical part of the thesis comes up with three main incentives to discriminate on grounds of age. The first incentive to ageism is a rationale to profit maximization, while the se-cond incentive arises because of lack of information concerning the workers actual productivity. The third incentive arises out of poor job security. In the second half of the economic part statistics of court cases concerning ageism and the labour market is deduced. The conclusion is that the sta-tistics shows tendencies which points in the direction that ageism is in fact a problem in the Danish labour market. The last part of the thesis focuses on the consequences of the Ole Andersen-case. The conclusion is that there have to be a change in law and the provisions in the Salaried Employees Act are modified so they are efficient.

UddannelserCand.merc.jur Erhvervsøkonomi og Jura, (Kandidatuddannelse) Afsluttende afhandling
SprogDansk
Udgivelsesdato2012
Antal sider95