The discrimination based on age in public and private employment: an intergenerational challenge

Abstract

It is a fact that Western societies are increasingly ageing, a trend that is equally reflected in their active population. At the same time, the lack of training among younger individuals, in relation to the new demands posed by today's labour market, contributes to a delay in their effective entry into that market. This delay sometimes generates imbalances within production units, which in turn lead to the need to address significant social, regulatory, and judicial challenges, such as the extension of working life or other protective measures for employment at certain ages.

In this context, analysing the phenomenon of age discrimination in the Spanish labour market, both public and private, and exploring its scope, causes, manifestations, and consequences requires a critical reflection on the existing mechanisms to combat this form of discrimination, as well as on judicial interpretations –many of them inconsistent–that have deemed certain unequal practices to be non-discriminatory.

It is also highly relevant to understand, from an interdisciplinary perspective, how improvements in health, longevity, and overall societal well-being have influenced the labour market in recent decades. Equally noteworthy is how advances in the medical and technological fields have enhanced the physical, psychological, and cognitive capacities of citizens –particularly older individuals– and, consequently, their ability to perform professional duties. Therefore, alongside the legal analysis of this subject, the following sections will address these factors with the aim of offering a comprehensive view of the new labour reality and its connection with age.