Can the use of online targeted advertising in job adverts constitute age discrimination?

Publikation: Konferencebidrag uden forlag/tidsskriftKonferenceabstrakt til konferenceForskning

Resumé

The paper intends to analyze how online targeted advertising can facilitate age discrimination in employment and how such practices by advertisers’ faire in light of the prohibition against age discrimination in the European Framework Directive and the caselaw from the CJEU. The Framework Directive includes selection criteria among the prohibited discriminatory measures by employers, but the scope of the Directive is still uncertain in terms of targeted advertising. In its Feryn judgment the CJEU found that public statements by an employer not willing to recruit employees of a certain ethnic or racial origin constitutes direct discrimination in respect of recruitment within the Racial Equality Directive in that such statements are likely strongly to dissuade certain candidates from submitting their candidature and, accordingly, to hinder their access to the labour market. The paper addresses, whether targeted advertising can also constitute direct discrimination despite not being of similar rather malicious character as the public statements by the employer in the Feryn case.
The Danish statutory act implementing the Framework Directive in Denmark includes a provision explicitly prohibiting use of among others age as an selection criteria in job adverts. The paper will address, if the provisions possibly expands the scope of the Directive in casu to targeted advertising.
OriginalsprogEngelsk
Publikationsdatonov. 2018
Antal sider3
StatusUdgivet - nov. 2018
BegivenhedColloquium Fundamental Rights in the Workplace - Aarhus BSS, Aarhus University, Aarhus, Danmark
Varighed: 27. nov. 201828. nov. 2018
http://law.au.dk/forskning/forskergrupper/intralaw/fundamental-rights-at-work/

Konference

KonferenceColloquium Fundamental Rights in the Workplace
LokationAarhus BSS, Aarhus University
LandDanmark
ByAarhus
Periode27/11/201828/11/2018
Internetadresse

Fingeraftryk

discrimination
employer
Denmark
equality
labor market
candidacy
employee

Citer dette

Højer Schjøler, C. (2018). Can the use of online targeted advertising in job adverts constitute age discrimination?. Abstract fra Colloquium Fundamental Rights in the Workplace, Aarhus, Danmark.
Højer Schjøler, Christian. / Can the use of online targeted advertising in job adverts constitute age discrimination?. Abstract fra Colloquium Fundamental Rights in the Workplace, Aarhus, Danmark.3 s.
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title = "Can the use of online targeted advertising in job adverts constitute age discrimination?",
abstract = "The paper intends to analyze how online targeted advertising can facilitate age discrimination in employment and how such practices by advertisers’ faire in light of the prohibition against age discrimination in the European Framework Directive and the caselaw from the CJEU. The Framework Directive includes selection criteria among the prohibited discriminatory measures by employers, but the scope of the Directive is still uncertain in terms of targeted advertising. In its Feryn judgment the CJEU found that public statements by an employer not willing to recruit employees of a certain ethnic or racial origin constitutes direct discrimination in respect of recruitment within the Racial Equality Directive in that such statements are likely strongly to dissuade certain candidates from submitting their candidature and, accordingly, to hinder their access to the labour market. The paper addresses, whether targeted advertising can also constitute direct discrimination despite not being of similar rather malicious character as the public statements by the employer in the Feryn case. The Danish statutory act implementing the Framework Directive in Denmark includes a provision explicitly prohibiting use of among others age as an selection criteria in job adverts. The paper will address, if the provisions possibly expands the scope of the Directive in casu to targeted advertising.",
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Højer Schjøler, C 2018, 'Can the use of online targeted advertising in job adverts constitute age discrimination?', Colloquium Fundamental Rights in the Workplace, Aarhus, Danmark, 27/11/2018 - 28/11/2018.

Can the use of online targeted advertising in job adverts constitute age discrimination? / Højer Schjøler, Christian.

2018. Abstract fra Colloquium Fundamental Rights in the Workplace, Aarhus, Danmark.

Publikation: Konferencebidrag uden forlag/tidsskriftKonferenceabstrakt til konferenceForskning

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AU - Højer Schjøler, Christian

PY - 2018/11

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AB - The paper intends to analyze how online targeted advertising can facilitate age discrimination in employment and how such practices by advertisers’ faire in light of the prohibition against age discrimination in the European Framework Directive and the caselaw from the CJEU. The Framework Directive includes selection criteria among the prohibited discriminatory measures by employers, but the scope of the Directive is still uncertain in terms of targeted advertising. In its Feryn judgment the CJEU found that public statements by an employer not willing to recruit employees of a certain ethnic or racial origin constitutes direct discrimination in respect of recruitment within the Racial Equality Directive in that such statements are likely strongly to dissuade certain candidates from submitting their candidature and, accordingly, to hinder their access to the labour market. The paper addresses, whether targeted advertising can also constitute direct discrimination despite not being of similar rather malicious character as the public statements by the employer in the Feryn case. The Danish statutory act implementing the Framework Directive in Denmark includes a provision explicitly prohibiting use of among others age as an selection criteria in job adverts. The paper will address, if the provisions possibly expands the scope of the Directive in casu to targeted advertising.

M3 - Conference abstract for conference

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Højer Schjøler C. Can the use of online targeted advertising in job adverts constitute age discrimination?. 2018. Abstract fra Colloquium Fundamental Rights in the Workplace, Aarhus, Danmark.