La tutela del derecho a la no discriminación de los trabajadores de edad avanzada en el contexto español y de la Unión Europea

Resumen

Age is a factor of discrimination for which, on many occasions, the affected is not even aware, probably because of the existing values in the society. Spanish Constitution does not mention expressly the age as a cause of discrimination. In the context of the European Union only in the year 2000 appeared the first Directive (Directive 2000/78/EC) aiming at the achievement of equal treatment in employment and occupation, prohibiting discrimination on grounds, among others, of age. These circumstances may have contributed to create this social perception.Discrimination on grounds of age occurs mainly –but not only- at the beginning and ending of the employment relationship. In the first case, requiring a maximum age for access to employment. In the second, establishing criteria or preferences based on age to determine the extinction of the employment contract or, even, the exit from the labour market. Both aspects will constitute the object of this study, analyzing the issue from the perspective of the Spanish and European Union regulations, focusing not only on the study of discriminatory conducts, but also on its remedies