There are certain situations when an employer can insist on conditions related to the age of the employee, such as employing someone of a particular age or with a minimum number of years of experience. If these requirements are properly justified, they will not be considered discriminatory.
The difference of treatment on the grounds of age is not discrimination when it is objectively and reasonably justified by a legitimate aim, including legitimate employment policy, labour market and vocational training objectives, and if the means of achieving that aim are appropriate and necessary.
French Labour Law outlines several legitimate aims:
- to protect the health or safety of younger and older workers
- to promote workers’ integration into the labour market
- to ensure workers’ employment or compensation in the event of loss of employment
example Examples of such differences include: setting minimum conditions of age, seniority or experience for access to employment or advantages linked to employment, setting a maximum age for recruitment based on a training requirement or reasonable period of employment before retirement. For instance, working experience of 15-20 years can be stipulated if this is necessary to perform a highly complicated job. It can also be a prohibition of access to employment or special working conditions to ensure the protection of young and older workers.
If an employer wishes to treat employees differently on the grounds of age, they should prove that there is a legitimate aim for doing so, and also prove that the difference in treatment is necessary to achieve this aim, meaning that it is the only way to do so.
example An airline company dismissed one of its employees, a pilot, who reached the age of 60. This measure was aimed at ensuring the proper functioning of air navigation and the safety of its users. The Court agreed that these objectives were legitimate, however the Court condemned the employer for not having showed how an age-limit of 60 years old for a pilot was necessary to achieve the aims pursued.
Differences in treatment based on age are sometimes made compulsory by law and justified by health considerations, youth protection, safety considerations etc.
example In France, certain jobs are forbidden to minors, such as those that expose them to extreme temperatures, or to acts or representations of a pornographic or violent nature, or to high levels of mechanical vibrations.
See more about the prohibition of discrimination in employment and discrimination on the basis of age.