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

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