Direct Age Discrimination in Utrecht
Direct age discrimination occurs when someone in Utrecht is treated less favourably solely because of their age. This is prohibited under employment law and can result in compensation via the District Court of Utrecht. This article discusses the rules, local examples, and your options as a Utrecht resident.
Legal Basis
Direct age discrimination is prohibited in the Netherlands under various laws, with the Act on Equal Treatment on Grounds of Age in Employment (WGBL), Article 1, as the core provision: equal treatment in employment regardless of age. This covers applications, contracts, terms of employment, and dismissal at companies in Utrecht.
The Constitution, Article 1 prohibits all discrimination, while the General Equal Treatment Act (AWGB) provides broader protection. The Netherlands Institute for Human Rights assesses reports and issues guidelines for cases at the District Court of Utrecht. EU Directive 2000/78/EC is incorporated into the WGBL, with strict exceptions for specific roles, such as in Utrecht's healthcare sector.
What Constitutes Direct Age Discrimination?
In direct age discrimination, an employer deliberately distinguishes on the basis of age, to the disadvantage of the individual compared to others in the same situation. Age is the core cause here.
This contrasts with indirect discrimination, where a neutral policy disproportionately affects older people. Overview:
| Feature | Direct Discrimination | Indirect Discrimination |
|---|---|---|
| Definition | Explicitly on the basis of age | Neutral policy with age-related disadvantage |
| Example | "Too old for promotion in Utrecht" | Experience requirement excluding over-50s |
| Evidence | Direct statements or documents | Statistics and patterns |
| Justification | Rarely permitted | Possible if objectively necessary |
Examples from Utrecht Practice
A 57-year-old employee at a Utrecht tech company is passed over for a managerial role because the boss wants younger people with 'fresh ideas' – pure direct age discrimination. Or during a reorganisation at the Municipality of Utrecht, older employees are prioritised for dismissal due to 'senior salaries'.
Also in transport: a 60-year-old bus driver at a local company is dismissed because 'younger people are more energetic'. The Netherlands Institute for Human Rights ruled negatively on a Utrecht job advert with an age limit of 32 for entry-level positions.
Read more about age discrimination in Utrecht job applications.
Rights and Obligations for Utrecht Residents
Your rights as an employee:
- Free report to the Netherlands Institute for Human Rights.
- Claim for damages at the District Court of Utrecht, including non-material damage.
- Contract termination with compensation if discrimination is proven.
Employer obligations:
- Assess based on skills, not age.
- Provide proof of justification in proceedings.
- Implement a discrimination reporting code.
Utrecht employers risk reputational damage. Gather evidence such as chats or notes.
Frequently Asked Questions
May a job advert in Utrecht set an age limit?
No, except in justified cases such as youth work. 'Max 35 years' is often directly prohibited.
Can I report anonymously in Utrecht?
Yes, to the Institute, but identification is required for the District Court of Utrecht. Also try Het Juridisch Loket Utrecht.
If an employer cites performance, what then?
Prove via patterns or indirect evidence that age was decisive.
How high is compensation?
Often €5,000-€20,000 plus wages, depending on the Utrecht case.
Tips for Utrecht Residents
Against direct age discrimination in Utrecht:
- Document: Record emails, conversations, and witnesses.
- Report promptly: To the works council, confidential adviser, Institute, or Discrimination Reporting Point of the Municipality of Utrecht (within 1 year).
- Seek help: Start at Het Juridisch Loket Utrecht for free advice. See also employment dismissal law Utrecht.
- For employers: Train on bias in Utrecht HR, use objective criteria.
With good evidence, 60-70% of cases are won (Institute data). Respond within 2 months of dismissal.