A Compromised Balance? A Comparative Examination of Exceptions to Age Discrimination Law in Australia and the UK

37 Pages Posted: 25 Jul 2018

See all articles by Alysia Blackham

Alysia Blackham

Melbourne Law School, the University of Melbourne; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Abstract

Exceptions to discrimination law reveal both tensions and telling compromises regarding the boundaries of the equality principle. Drawing on case studies of exceptions to age discrimination law in Australia and the UK, this article considers the normative position on age equality law that emerges from these legal boundaries. It argues that broad exceptions to age discrimination law reflect a deprioritising of age equality, and a preference for the instrumental or economic aims underlying age equality law. The restrictive boundaries of age discrimination law risk undermining the effectiveness of equality law in practice.

Keywords: discrimination law, equality, age discrimination

JEL Classification: K00, K31

Suggested Citation

Blackham, Alysia, A Compromised Balance? A Comparative Examination of Exceptions to Age Discrimination Law in Australia and the UK. Melbourne University Law Review, Vol. 41, No. 3, 2018, U of Melbourne Legal Studies Research Paper No. 785, Available at SSRN: https://ssrn.com/abstract=3216895

Alysia Blackham (Contact Author)

Melbourne Law School, the University of Melbourne ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

HOME PAGE: http://https://www.findanexpert.unimelb.edu.au/display/person97769

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
48
Abstract Views
437
PlumX Metrics