Direct Age Discrimination in Amsterdam
Direct age discrimination occurs when someone in Amsterdam is treated worse solely because of their age. In employment law, this is prohibited and can result in compensation via the Amsterdam District Court. This article discusses the rules, local examples, and your options as a city resident.
Legal Basis
In the Netherlands, the Act on Equal Treatment on Grounds of Age in Employment (WGBL), Article 1, prohibits direct age discrimination at work. This covers job applications, contracts, terms of employment, and dismissal in Amsterdam's dynamic job market. The Constitution, Article 1 and General Equal Treatment Act (AWGB) provide broader protection.
The Netherlands Institute for Human Rights assesses reports, which is helpful for cases at the Amsterdam District Court. EU Directive 2000/78/EC is incorporated into the WGBL. Exceptions, such as for specific roles in the port of Amsterdam, are strictly reviewed by the court.
What Constitutes Direct Age Discrimination?
In direct age discrimination, an employer deliberately makes a distinction based on age, leading to unfavorable treatment compared to someone of a different age in similar circumstances. Age is the key factor here.
This differs from indirect discrimination, where a neutral policy disproportionately affects older individuals. Overview:
| Aspect | Direct Discrimination | Indirect Discrimination |
|---|---|---|
| Definition | Explicitly based on age | Neutral policy with age-related disadvantage |
| Example | "Too old for this startup job" | Flexibility requirement excluding 50+ |
| Proof | Direct statements or documents | Statistics and patterns |
| Justification | Very limited | Possible if objectively justified |
Examples from Amsterdam Practice
A 57-year-old employee at an Amsterdam advertising agency is passed over for a managerial role because the boss wants younger 'fresh energy.' This is direct age discrimination. Or during a reorganization at a city center company: older staff dismissed first due to 'senior salaries.'
We often see it in dismissals: a 60-year-old at a canalside hospitality business loses their job because 'younger people are more employable.' The Netherlands Institute for Human Rights ruled in a similar Amsterdam traineeship case with a 32-year age limit as discriminatory.
Read more about job applications in Amsterdam.
Rights and Obligations in Amsterdam
Your rights as an employee:
- Free report to the Netherlands Institute for Human Rights.
- Damage claim at the sub-district court of the Amsterdam District Court, including non-material damage.
- Dissolution with transition payment if discrimination is proven.
Employer obligations:
- Assess based on skills, not age.
- Bear the burden of proof in disputes.
- Set up a discrimination reporting point, in line with Municipality of Amsterdam guidelines.
Employers in Amsterdam risk reputational damage in the city. Gather evidence such as chats or notes.
Frequently Asked Questions
May a job posting in Amsterdam set an age limit?
No, except in rare justified cases like youth projects in Oost. 'Under 35' is generally direct discrimination.
Can I report anonymously in Amsterdam?
Yes, to the Netherlands Institute for Human Rights; for court proceedings at the Amsterdam District Court, identify yourself.
If it's about 'performance,' what then?
Prove via patterns or witnesses that age was decisive.
What compensation in Amsterdam?
Often €6,000-€25,000 plus lost income, depending on the Amsterdam District Court ruling.
Tips for Amsterdammers
Against direct age discrimination in Amsterdam:
- Document: Save emails and conversations.
- Report promptly: To works council, confidential advisor, or Institute (within one year).
- Seek help: Start at the Amsterdam Legal Aid Office for free advice. See also employment dismissal law in Amsterdam.
- For employers: Anti-bias training via Municipality of Amsterdam programs.
At the Amsterdam District Court, 65% of claims with strong evidence succeed. Note: 2-month limitation period for dismissal.