Ⅰ. 서 론 / 1
1. 연구의 의의 및 필요성 ······················································································· 1
2. 연구의 범위 및 구성 ··························································································· 3
Ⅱ. 연령차별의 개념과 영역 / 5
1. 연령차별의 특성 및 개념 ··················································································· 5
가. 연령의 특수성 ······························································································· 5
나. 차별의 개념 및 유형 ···················································································· 6
(1) 직접차별 ·································································································· 7
(2) 간접차별 ·································································································· 7
다. 연령차별의 개념 ·························································································· 10
라. 연령차별의 특징 ·························································································· 11
2. 연령제한이 발생하는 영역과 연령차별금지에 관한 법제 ···························· 12
Ⅲ. 미국 헌법상 연령차별 논의 / 17
1. 연령차별금지에 관한 헌법적 근거 ·································································· 17
2. 헌법상 평등보호원칙 위반 여부에 관한 미연방대법원 판례 ······················ 17
가. 정년규정에 대한 미 연방대법원의 평등심사 ·········································· 18
(1) 주경찰 정년을 50세로 정한 법률의 위헌 여부 ································ 18
(2) 연방 외무직공무원 정년 규정의 위헌 여부 ······································ 20
(3) 주법원 법관의 정년을 정한 주헌법조항의 연방헌법 위배 여부 ···· 24
나. 연령차별에 대한 헌법적 논의의 쇠퇴 ······················································ 26
3. 연령차별에 관한 위헌심사기준 ········································································ 27
가. 미연방대법원의 심사기준 및 근거 ··························································· 27
나. 심사기준 강화에 대한 논의 ······································································· 29
다. 검토 및 전망 ······························································································· 32
Ⅳ. 고용상 연령차별금지법(ADEA)의 내용과 실제 / 38
1. 서설 ····················································································································· 38
2. 고용상 연령차별금지법(ADEA) 도입의 시대적 배경 ···································· 38
3. 주요 내용 ············································································································ 40
가. 입법배경 및 목적 ························································································ 40
나. 보호대상 ······································································································· 41
다. 적용대상 및 금지행위 ················································································ 43
라. 연령차별의 예외적 허용 ············································································ 44
(1) 진정 직업자격(bona fide occupational qualification) ··························· 45
(2) 연령 이외에 합리적 요인(reasonable factor other than age) ············· 45
(3) 해외사업장 현지법 저촉 ······································································ 46
(4) 진정 선임권제도(bona fide seniority) ·················································· 46
(5) 진정 근로자급부제도(bona fide employee benefit plan) ···················· 47
(6) 정당한 사유에 기한 해고․징계 ························································· 48
마. 금지되는 차별유형 ······················································································ 48
바. 차별 구제 ····································································································· 49
(1) 구제절차 ································································································· 49
(2) 구제내용 ································································································· 50
4. 고용상 연령차별금지법(ADEA) 해석에 관한 미연방대법원 판례 ··············· 51
가. 보호대상간 차별 ·························································································· 51
나. 의도적인 차별대우(직접차별) ···································································· 52
다. 차별적 영향(간접차별) ················································································ 53
5. 검토 및 정리 ······································································································ 57
Ⅴ. 결 론 / 65
❚참고문헌 ······················································································································· 77
