Direct Age Discrimination in Westland
Direct age discrimination occurs when someone in Westland is disadvantaged solely because of their age. This is especially prohibited in the local horticulture and logistics sectors and can lead to compensation claims. This article explains the rules, with practical examples and your options with bodies such as the Rechtbank Westland.
Legal Basis
In the Netherlands, and thus also in Westland, the Equal Treatment on Grounds of Age in Employment Act (WGBL), Article 1, prohibits age discrimination in employment. This covers job applications, contracts, terms and conditions of employment, and dismissal. The Constitution, Article 1 protects against all forms of discrimination, while the General Equal Treatment Act (AWGB) provides a broader foundation.
The Netherlands Institute for Human Rights assesses reports and issues non-binding opinions for cases before the Rechtbank Westland. EU Directive 2000/78/EC forms the basis for the WGBL. Exceptions, such as for specific professions, are strictly assessed by the local cantonal judge.
What is Direct Age Discrimination?
Direct age discrimination occurs when an employer deliberately distinguishes on the basis of age, leading to unequal treatment in comparable situations. Age is the core cause here, unlike in indirect forms.
Indirect discrimination uses neutral rules that disproportionately affect older people. Comparison:
| Aspect | Direct Discrimination | Indirect Discrimination |
|---|---|---|
| Definition | Explicit distinction based on age | Neutral criterion with disproportionate disadvantage for an age group |
| Example | "Too old for the job in the greenhouses" | Requirement of recent IT skills that excludes older workers |
| Evidence | Direct statements or documents | Statistical data required |
| Justification | Rarely permitted | Possible if objectively necessary |
Examples from Westland Practice
A 57-year-old horticulture worker in 's-Gravenzande is passed over for a supervisory role because "we want fresh, young talent for innovation in greenhouse horticulture." This is direct age discrimination. Or during a reorganization at a Westland logistics company: older employees dismissed first due to "high senior salaries."
The dismissal of a 60-year-old driver with the comment "younger people are more flexible for night shifts" is similar. The Netherlands Institute for Human Rights ruled in a comparable case on a traineeship with a 35-year age limit: purely discriminatory.
Read more about age discrimination in job applications in Westland.
Rights and Obligations for Westlanders
Your rights as an employee:
- File a free report with the Netherlands Institute for Human Rights or Juridisch Loket Westland.
- Claim compensation at the Rechtbank Westland, including for non-material damage.
- Seek contract dissolution with transition payment in proven discrimination cases.
Employers' obligations:
- Assess based on skills, not age.
- Prove that any distinction is necessary.
- Implement an internal discrimination reporting procedure, in line with Westland Municipality guidelines.
Employers in Westland risk fines and reputational damage. Gather evidence such as emails or witnesses.
Frequently Asked Questions
Can a job posting in Westland set an age limit?
No, except for objective reasons such as youth work or safety in the greenhouses. A 'max. 32 years' is generally direct discrimination.
Can I report discrimination anonymously in Westland?
Yes, anonymously at the Netherlands Institute for Human Rights or Juridisch Loket Westland, but identification is required for court proceedings.
What if an employer cites performance?
Prove via patterns or indirect indications that age was the decisive factor.
What compensation if successful?
Often €5,000-€20,000 for non-material damage plus wages, depending on the Rechtbank Westland ruling.
Tips for Taking Action in Westland
Against direct age discrimination:
- Document: Record conversations, emails, and witnesses.
- Report promptly: To the works council, confidential adviser, Netherlands Institute for Human Rights, or Juridisch Loket Westland (within 1 year).
- Seek help: Start at Juridisch Loket Westland for free advice. See also employment dismissal law Westland or equal treatment in employment.
- For employers: Train staff on bias, use measurable criteria.
With solid evidence, 60-70% of cases are won (Institute data). Act within 2 months of dismissal, or your claim expires.