Age discrimination against younger workers
Abercrombie & Fitch v. Antonino Bordonaro C 143/16, 19 July 2017
Facts:
It concerns an Italian law permitting casual labour contracts for persons who have not yet reached 25 years of age, which could be terminated after they reached that age. Mr Bordonaro’s contract was automatically terminated when he turned 25.
Findings of the court:
The CJEU held that such national legislation pursued a legitimate aim of employment and labour market policy – namely facilitating the entry of young people to the labour market. It also concluded that the legislation was appropriate and necessary, taking into account ‘the broad discretion enjoyed by the Member States… to achieve a degree of flexibility on the labour market’. The Court held that:‘in a context of a persistent economic crisis and weak growth, the situation of a worker aged under 25 years who, thanks to a flexible and temporary employment contract, can access the labour market is preferable to the situation of someone who does not have such a possibility and who, as a result, is unemployed’.
Implications:
The Court placed particular emphasis on the context of economic crisis deciding that the employer was justified in terminating a contract when the worker reaches 25 years of age. This judgment suggest that the Court may be willing to loosen the rigorous application of the objective justification approach as applied in Mangold in particular contexts.