How Does Ageism and Stereotypes Associated With Ageism Qualify as a Form of Prejudice

United States is one of the major countries to have expressed interests in tackling age discrimination. For instance, the Age Discrimination Employment Act led to the protection of the people with over 40 years old. The US needed to prohibit against age discrimination by banning hiring, or termination of individuals based on age. The starting of recommendations were based on the development and the cessation of employment law. The convention of protection on the migration of workers was based on the UN General Assembly resolution of 1990. The European Social Charter promoted the protection of the rights of children and young persons as well as the right of the elderly people.

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1.3 Problem Statement

It is clear that there lacks a general convention that protects the rights of seniors. In any case, the instruments protect against possible age discrimination that the recommendation and UN Convention (1990) through the Europe social charter. The argument is valid because under the EU, there is protection of Gender, Religion affiliation and children.

1.4 Research Question

How does Ageism and Stereotypes associated with ageism qualify as a form of prejudice

The statistics presented indicated that 20% of discriminations happened at work, another 15% in health care, another 15% in financial services and products, another 11% in education and training, the remaining 8 % in leisure and tourism. However, the first example of combination of age and gender discrimination started with Marshal Act 1986 ECR 723 where the directive prohibits female employees from compulsory engagement at work through employment policy in reaching the appropriate statutory limits. The expectations that current state will change is naturally dealt with from a common law perspective.

2. Legislation Gap experienced

Clearly, efforts by the court and various laws show that there lacks a proper definition of age discrimination. In any case, the courts seem to the alert the EU that there needs to be a comprehensive legislation to respond to ageism. The European Union has introduced legislations that have played a significant role in ensuring that all forms of age discrimination at places of work are mitigated and eventually brought to an end.

2.1 The Misguided Path of Employment Guidelines

The European Union Employment provide guidelines that are emphatic about supporting older workers at their places of work as way to ensure participation is increased. Protecting seniors against age discrimination are important because it encourages diversity in places of work. Article 21 (1) of the European Union Charter of Fundamental Rights states that protecting individuals against age discrimination is tantamount to protecting people against age inequality. The law stretches at ensuring their autonomy is protected. The European Union Employment Law Article 19 states that direct discrimination by age may be justified whereas any form of direct discrimination that is not covered by the directive is not justifiable. Therefore, a careful balance has to be arrived at to ensure that prohibition on the grounds of age is meaningful. Indirect age discrimination, a claimant has to prove that he or she was treated in a less favorable manner when compared with a different person in the same situation or prove that he would have been dealt with differently in the same situation. In indirect age discrimination, a claimant must show that a neutral criterion would put a person at a particular age at a disadvantage when compared with other individuals. Some countries do permit differential treatment based on age when it comes to activities such as training, recruitment, training, dismissal, promotion, retirement and occupational pensions. Article 6(1) of the European Union directive encourages employers to recruit as well as retain older workers.

2.2 Poor protection against Age

Apparently, age in the ground of discrimination relates to the legal regulation of age discrimination where some aspect stands out against the wrong freedom from age. Declan and Anne argue that the protection against age discrimination covers widely from various chronological formats. Discrimination based on the grounds of age is even more direct and can be justified to have an adverse impact on people. Although there has been close attention to redefining age discrimination under labor law, the findings presented earlier show that age discrimination grows beyond the employment environment. As illustrated by the case, the poor definition of age discrimination is because there lack decisive approaches to tackle age discrimination. Lack of clarity and possible definition of age discrimination shows that there lacks the appropriate contexts of handling these cases. Mishaps for instance the Mangold case 2005, indicate that age discrimination covered the right Employment Equality Directive where the EU law encompassed through the general principle of non-discrimination.

2.3 Mandatory Retirement

Besides, almost similarly, the EU has been hoodwinked to focus on employment discrimination based on a misguided approach to age discrimination. The mandatory retirement is covered by the Employment Equality Directive and the court. Based on that direct, Gerhard notes that member state that have been facing an uphill task in attempting to address variances experienced in article 6 where the court found the differences in the treatment on grounds of age as objectively and reasonably justified based on a number of legitimate claims. The intergeneration of fairness reacts as discrimination as a form of prevention that leads to humiliating employers based on the unfortunate termination of employment. In any case, the reasonable balance between labor markets relates naturally to budgetary concerns, but not any form of prejudice based on age. However, the reality is the Framework Directive means that discrimination against elderly employees challenges the promotion of age diversity amongst the working population. The aspiration is reflected through the Commission Green Paper on Demographic Change where the perception seeks to enhance solidarity acro...