A Study on the U.S. Age Discrimination in Employment Act: Inspiration for Taiwan’s Legal System
Date Issued
2010
Date
2010
Author(s)
Jhang, Yu-Sheng
Abstract
Due to the highly-developed medical technology, the aging phenomenon in Taiwan is increasingly significant. The problem of age discrimination in employment is more and more serious. Because the anti-age discrimination law in Taiwan is still in the initial stage, there are lots of defects needed to be reviewed and amended. The thesis focuses on the U.S. Age Discrimination in Employment Act. It will make some suggestions to Taiwan’s anti-age discrimination law reform through the study on the U.S. law.
In order to realize the purpose of the thesis, first of all, Chapter 2 begins with the definition and background of “ageism”, and it illustrates the common age discrimination stereotype in workplace. Besides, it explains the pros and cons of the anti-age discrimination law. The main purpose of this chapter is to establish the theoretical basis of anti-age discrimination law. Second, to understand the legislation model of the U.S. law, Chapter 3 introduces the contents and developments of the U.S. Age Discrimination in Employment Act. Furthermore, Chapter 4 and 5 analyze the responsibility of age discrimination in employment in the U.S. Then based on the above U.S. law researches, Chapter 6 examines Taiwan’s current laws and decisions. Finally, the thesis tries to conclude and discuss the inspiration from the U.S. law for Taiwan’s legal system.
Subjects
age discrimination
employment discrimination
U.S. Age Discrimination in Employment Act
disparate treatment
disparate impact
direct discrimination
indirect discrimination
bona fide occupational qualification
BFOQ
reasonable factors other than age
RFOA
Type
thesis
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