Tag archives: age discrimination

Covert Video Surveillance Overturns Wrongful Dismissal Case

By John Mastoras on April 11, 2016 Posted in Canada, Discrimination and harassment

In a preliminary award, an Ontario arbitrator allowed covert video surveillance footage to be used as evidence in a wrongful dismissal grievance. The complainant, Mr. Donnelly, was one of three elementary school custodians dismissed for allegedly smoking marijuana, adjacent to school grounds during working hours. The wrongful dismissal case between Ottawa-Carleton District School Board and … Continue reading

Age discrimination and the Employment Tax Incentive Act

By Karen Ainslie (ZA) on April 8, 2015 Posted in Discrimination and harassment, South Africa

This article was written by Jonathan Jones, a Director at Norton Rose Fulbright South Africa The Employment Tax Incentive Act, 26 of 2013, which came into effect on 1 January 2014, seeks to reward employers in the private sector for employing young adults, but also contains a hidden pitfall. In terms of the Act, employers … Continue reading

What protection do employees have against discrimination on grounds of age?

By Andreas Reuther on April 2, 2015 Posted in Europe, Germany

In Germany, employees may not be treated adversely on the grounds of race, ethnic origin, gender, religion, secular belief, disability, sexual identity or age. Any provisions in agreements which violate the prohibition of adverse treatment are invalid. Where there has been adverse treatment, the employer is obliged to pay the affected employee compensation unless the … Continue reading

What protection do employees have against discrimination on grounds of age?

By Isabella Gandini on March 27, 2015 Posted in Colombia, Discrimination and harassment, Latin America

To begin with, employment discrimination on grounds of age is not a problem only for workers in a specific age group in Colombia. For instance, young people feel discriminated against because of their lack of experience when seeking jobs for the first time, and the elderly feel rejected and undervalued when they are interested in … Continue reading

What protection do employees have against age discrimination in France?

By Judicaël Fouquet on March 27, 2015 Posted in Discrimination and harassment, Europe, France

The matter of age discrimination is a particularly sensitive issue in France, where the relatively high unemployment rate of young and aged persons is structural. In this context, there exist specific legal provisions particularly with regard to the employment of young workers. There is also a national-interprofessional collective bargaining agreement with respect to older workers … Continue reading

What protection do employees have against age discrimination in the US?

By Kimberly Cheeseman (US) on March 26, 2015 Posted in Discrimination and harassment, United States

Numerous federal, state, and local laws in the US prohibit employers from making employment decisions based on an employee’s or job applicant’s age and thus protecting employees from being discriminated against based on their age. The Age Discrimination in Employment Act of 1967, also known as the ADEA, is the federal law which prohibits age discrimination … Continue reading

What protection do employees have against age discrimination in the UK?

By Claire Darbourne (UK) on March 25, 2015 Posted in Discrimination and harassment, Europe, UK

Before the Employment Equality (Age) Regulations came into force in 2006, there was no specific protection for employees from discrimination on grounds of age. The law on age discrimination is now set out in the Equality Act 2010 (the Act) which provides for protection from discrimination in the workplace on the grounds of a number … Continue reading

Fairness v justifiability in unfair discrimination cases

By Karen Ainslie (ZA) on September 4, 2014 Posted in Discrimination and harassment, South Africa

This article was written by Kelly Armstrong, a candidate attorney at Norton Rose Fulbright South Africa The new amendments to the Employment Equity Act 55 of 1998 (the EEA) assist employers in defending unfair discrimination claims by enabling employers to show that the alleged unfair discrimination is justifiable. Prior to the amendment, an employer was … Continue reading