Friday, May 4, 2012

Mangold v. Helm case brief

Mangold v. Helm (Age discrimination)
-Proportionality: will discrimination ever be justified (yes: airline pilots)
FACTS German law established a derogation from the requirement of an objective justification in the case of employees who reached age 52.
RULES Member states MAY provide differences of treatment in employment on grounds of age, as long as they are objectively justified by a legitimate aim, including a legitimate employment policy, and by labor market and vocational training objectives and if the means of achieving that aim are appropriate and necessary.
-the principle of non-discrimination on grounds of age must be regarded as a general principle of community law.
-Here Germany did not satisfy that there was an objectively necessary reason for attainment of the objective.  (Court looks at PRINCIPLE OF PROPORTIONALITY)

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