Justifying Age Discrimination

Abstract

Age discrimination is the only protected characteristic contained in the Equality Act 2010 where it is possible to justify both direct and indirect discrimination. In relation to all the other protected characteristics, such as in race and sex discrimination, there is no possibility of justifying direct discrimination. The test, deriving from Art. 6 of the Framework Directive on Equal Treatment in Employment and Occupation (Directive 2000/78/EC), provides that the employer will need to show that they have a legitimate aim and that the potentially discriminatory action taken is a proportionate means (appropriate and necessary) of achieving that aim.