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Article
Publication date: 16 March 2020

Lyndsey Bengtsson

The purpose of this paper is to report on an analysis of direct age discrimination cases by the Court of Justice of the European Union (CJEU) and the UK courts and employment

Abstract

Purpose

The purpose of this paper is to report on an analysis of direct age discrimination cases by the Court of Justice of the European Union (CJEU) and the UK courts and employment tribunals over an 11-year period. The paper focusses upon age stereotyping towards older workers and analyses whether it is endorsed at the European level and/or national level.

Design/methodology/approach

This research has analysed a sample of 100 employment tribunal judgments concerning direct age discrimination together with 28 CJEU decisions on direct age discrimination.

Findings

This paper highlights that there are a number of cases in which age stereotyping has been endorsed at the CJEU level. By contrast, the UK courts and employment tribunals have adopted a more robust approach.

Research limitations/implications

The main limitation is that it only considers case law from the European Court and the influence on the UK case law, without analysing the eventual decisions of the other EU member states.

Originality/value

The paper contributes to the debate with regard to the approach of the CJEU and the UK courts and employment tribunals in tackling age stereotyping and is the first to examine the influence the CJEU decisions has had on the UK jurisprudence over the period studied.

Details

International Journal of Law and Management, vol. 62 no. 1
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 23 October 2019

Lyndsey Bengtsson

The purpose of this paper is to report on fieldwork observation of direct age discrimination cases within employment tribunal (ET) hearings over a three-year period. The…

Abstract

Purpose

The purpose of this paper is to report on fieldwork observation of direct age discrimination cases within employment tribunal (ET) hearings over a three-year period. The observation focussed upon whether the witness evidence revealed age stereotyping by employers and whether the ET panel addressed the stereotyping in its questioning and in its judgments. The observation was combined with an analysis of jurisprudence relating to direct age discrimination over an 11-year period.

Design/methodology/approach

This research analysed a sample of 90 ET judgments concerning direct age discrimination, which included five fieldwork observation cases concerning direct age discrimination in an ET.

Findings

This paper opens a window on age stereotyping in the workplace, illuminating the existence of age stereotypes in the context of ETs and the approach of the courts towards stereotypes in the sample is analysed.

Research limitations/implications

The fieldwork observation is limited to one ET and may not necessarily be representative of all tribunals; however, the findings are supported by a wider qualitative analysis of ET judgments.

Practical implications

This paper provides pertinent learning outcomes for claimants, employers and key implications of legal decisions for human resource policy and practice in organisations.

Originality/value

The paper is the first to conduct fieldwork observation on age stereotyping in an ET, combined with a profile of direct age discrimination claims over the period studied.

Details

International Journal of Law and Management, vol. 61 no. 3/4
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 11 September 2017

Tiffany Wright and George Cunningham

The purpose of this paper is to examine the influence of disability status among job applicants on stereotype attributions and personnel decisions. The authors also consider the…

Abstract

Purpose

The purpose of this paper is to examine the influence of disability status among job applicants on stereotype attributions and personnel decisions. The authors also consider the possible moderating role of application qualifications.

Design/methodology/approach

Participants (N=247) took part in an experiment in which they evaluated job applications for a personal trainer position.

Findings

Applicants who had a disability were rated as warmer than their able-bodied peers, but ratings of competence did not vary based on the disability status. This was the case across levels of qualifications. The relationships between competence and work outcomes (person-organization fit and hiring recommendations) were stronger than those between warmth and these outcomes; however, the relationships were qualified by a significant competence-by-warmth interaction. As the competence increased, so did the ratings of the person-organization fit, but this relationship was stronger for persons rated as warm.

Originality/value

Persons with disabilities in the sport and fitness context face unique stereotypes, relative to their peers in other settings. These stereotypes influence their evaluation as job applicants.

Details

Sport, Business and Management: An International Journal, vol. 7 no. 4
Type: Research Article
ISSN: 2042-678X

Keywords

Article
Publication date: 2 January 2014

Andrew Jenkins and Jill Poulston

The purpose of this research paper is to identify the perceptions and stereotypical views of hotel managers to older employees in the British hotel industry, with a focus on the…

1898

Abstract

Purpose

The purpose of this research paper is to identify the perceptions and stereotypical views of hotel managers to older employees in the British hotel industry, with a focus on the north of England, and to determine the equal opportunities policies and practices of hotels in relation to older workers and the types of jobs deemed suitable or not suitable for older employees.

Design/methodology/approach

The method used in this exploratory study was a survey incorporating a postal questionnaire. The questionnaire was sent to 144 hotel managers in hotels with a minimum of 20 bedrooms in the north of England. In all, 36 completed questionnaires were returned. Data were analysed using Predictive Analytics Software (PASW).

Findings

The results of the survey clearly point to hotel managers having overwhelmingly positive views of older workers (confirming the findings of Magd's, 2003 survey), although some managers did age-stereotype certain jobs as being not suitable or suitable for older hotel workers.

Research limitations/implications

The principal limitations concern the use of a questionnaire to measure the attitudes of hotel managers, the use of a non-probability sampling technique and the relatively small sample size.

Practical implications

Given the UK's ageing population and labour shortages in the hotel industry, it is important that hotel managers address negative stereotypical views of older workers and the jobs deemed suitable for these workers.

Originality/value

As the hotel industry is a major contributor to employment in the UK, a lack of empirical data on managers’ perceptions of older hotel workers is a significant omission that this paper seeks to redress.

Details

Equality, Diversity and Inclusion: An International Journal, vol. 33 no. 1
Type: Research Article
ISSN: 2040-7149

Keywords

Article
Publication date: 27 January 2022

Heather M. Clarke and Kara A. Arnold

There is a dearth of human resource management (HRM) literature examining the generalizability of research employing undergraduate student participants. The purpose of this study…

Abstract

Purpose

There is a dearth of human resource management (HRM) literature examining the generalizability of research employing undergraduate student participants. The purpose of this study is to conduct an experiment to compare the job applicant evaluations and hiring decisions of undergraduate student participants with those of working adults with hiring experience.

Design/methodology/approach

This study employed a between-person 2 × 2 × 4 experimental design: participant group (undergraduate students or working adults with hiring experience) × job gender-type (male typed or female typed) × job applicant (heterosexual female, lesbian female, heterosexual male or gay male). Participants read descriptions of a job and a job applicant and then evaluated the applicant.

Findings

The results supported a moderated mediation model where participant group moderated the interaction of applicant gender and job gender-type in predicting perceptions of competence, which in turn predicted perceptions of person-job fit, likeability and respect-worthiness, which then predicted hiring decisions. Undergraduate student participants, but not working adults with hiring experience, evaluated female applicants applying for a male-typed job in a manner consistent with gender stereotypes and were less likely to hire the female applicant than the male applicant.

Originality/value

To inform HRM practice, research must reflect real-world decision-making. The literature on the roles of gender stereotypes and bias in hiring, and other important HRM decisions, relies heavily on undergraduate student participants. Findings of this study suggest a need to further examine whether those studies can be generalized to working adults actually making those decisions.

Details

Evidence-based HRM: a Global Forum for Empirical Scholarship, vol. 10 no. 2
Type: Research Article
ISSN: 2049-3983

Keywords

Article
Publication date: 9 October 2017

This paper aims to review the latest management developments across the globe and pinpoint practical implications from cutting-edge research and case studies.

115

Abstract

Purpose

This paper aims to review the latest management developments across the globe and pinpoint practical implications from cutting-edge research and case studies.

Design/methodology/approach

This briefing is prepared by an independent writer who adds their own impartial comments and places the articles in context.

Findings

The results reveal that gender distances in education have gradually subsided in the southern European countries studied. However, occupational choices differ steadily over the years for all countries. The paper provides, therefore, solid evidence that equalizing the level of education between men and women during those years did not result in a decrease in the occupational distances between them. Moreover, based on the latest round, the findings suggest that men and women are equally likely to have experienced unemployment within the past five years.

Practical implications

The paper provides strategic insights and practical thinking that have influenced some of the world’s leading organizations.

Originality/value

The briefing saves busy executives and researchers hours of reading time by selecting only the very best, most pertinent information and presenting it in a condensed and easy-to-digest format.

Details

Human Resource Management International Digest, vol. 25 no. 7
Type: Research Article
ISSN: 0967-0734

Keywords

Article
Publication date: 1 February 1984

Charles D'Aniello

A picture is worth a thousand words; a motion picture is probably worth even more. The black experience in America is reflected both in movies with black themes and in white or…

Abstract

A picture is worth a thousand words; a motion picture is probably worth even more. The black experience in America is reflected both in movies with black themes and in white or general commercial films in which black actors and actresses perform. These films continue to reflect and influence white as well as black racial attitudes and self‐images. The various cinematic genres have vividly frozen in time the perceptions and stereotypes of each period. Studied over time, they compose a kaleidoscope of changing images and themes.

Details

Reference Services Review, vol. 12 no. 2
Type: Research Article
ISSN: 0090-7324

Open Access
Article
Publication date: 11 December 2019

Jaap Oude Mulders

Social norms about the timing of retirement and stereotypes about qualities of younger and older workers are pervasive, but it is unclear how they relate to employers’ ageist…

4653

Abstract

Purpose

Social norms about the timing of retirement and stereotypes about qualities of younger and older workers are pervasive, but it is unclear how they relate to employers’ ageist preferences. The purpose of this paper is to study the effects of employers’ retirement age norms and age-related stereotypes on their preferences for younger or older workers in three types of employment practices: hiring a new employee; offering training; and offering a permanent contract.

Design/methodology/approach

Survey data from 960 Dutch employers from 2017 are analysed to study employers’ preferences for younger or older workers. Effects of organisations’ and managers’ characteristics, retirement age norms and stereotypes are estimated with multinomial logistic regression analyses.

Findings

Many employers have a strong preference for younger workers, especially when hiring a new employee, while preferences for older workers are highly uncommon. Higher retirement age norms of employers are related to a lower preference for younger workers in all employment decisions. When employers are more positive about older workers’ soft qualities (such as reliability and social skills), but not about their hard qualities (such as their physical capacity and willingness to learn), they rate older workers relatively more favourable for hiring and offering training, but not for providing a permanent contract.

Originality/value

This is one of the first studies to estimate the effects of retirement age norms and age-related stereotypes on ageist preferences for a diverse set of employment practices.

Details

International Journal of Manpower, vol. 41 no. 5
Type: Research Article
ISSN: 0143-7720

Keywords

Article
Publication date: 4 November 2013

Kasia Karpinska, Kene Henkens and Joop Schippers

This study aims to investigate the role of managers in the re-employment of early retirees and focuses on the effect of managers' age norms and stereotypes on managers' employment

2507

Abstract

Purpose

This study aims to investigate the role of managers in the re-employment of early retirees and focuses on the effect of managers' age norms and stereotypes on managers' employment decisions.

Design/methodology/approach

A combination of a factorial study and a survey was conducted. First, information on the age norms and stereotypes was collected. Secondly, profiles of hypothetical retired job applicants were presented to the employers, who were asked to make a specific hiring decision. The information collected during both studies was combined in the analysis and multilevel models were estimated.

Findings

The results indicate that higher age norms (defined as age at which somebody is believed to be unable to work for 20 hours a week or more) result in a higher propensity to hire an early retiree. Stereotypes, by contrast, do not influence managers' decisions. Early retirees' chances for re-employment are also related to their own circumstances (physical appearance and relevant experience) and organisational forces, as they are hired when organisations face labour force shortages.

Research limitations/implications

With the use of vignettes study the authors deal with a hypothetical hiring situation.

Originality/value

Although the effect of attitudes has been often suggested, not much empirical evidence has been presented to support this notion. This study estimates the effect of age norms and stereotypes on hiring decision.

Details

Journal of Managerial Psychology, vol. 28 no. 7/8
Type: Research Article
ISSN: 0268-3946

Keywords

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