Discrimination in access to public employment on grounds of age and its connection to affirmative action: procedural and substantive issues on the basis of STSJ C. Valenciana 20/12/2008 (rec. 3174/2018)

Abstract

Age discrimination to employment has procedural and substantive aspects to be resolved by law. Meanwhile, the courts face this legal uncertainty and, given the use of different and even contrary interpretative criteria, the judicial protec­tion that the victim finally obtains varies depending on the case. In this context, this article aims to give an account of the most relevant legal problems currently arising from age discrimination in access to public employment in relation to labour jobs. The text deals first with questions of a procedural nature and then goes into the material aspects, taking advantage of the judgment under analysis as a guiding thread.