Direct Age Discrimination in Delft
Direct age discrimination occurs when someone in Delft is treated worse solely because of their age. In employment law, this is strictly prohibited and can lead to compensation claims. This article explains what applies to residents of Delft, with local examples and steps to seek help through organizations like the Juridisch Loket Delft.
Legal Basis for Residents of Delft
Direct age discrimination is explicitly prohibited in the Netherlands under the Equal Treatment on Grounds of Age in Employment Act (WGBL), Article 1, which forms the core provision. This law ensures equal opportunities in job applications, contracts, promotions, and dismissals, regardless of age. For Delft residents, this applies in full, with proceedings at the District Court of The Hague.
The Constitution, Article 1 prohibits all forms of discrimination, while the General Equal Treatment Act (AWGB) provides broader protection. The Netherlands Institute for Human Rights assesses reports and issues non-binding opinions that courts often follow. EU Directive 2000/78/EC is incorporated into the WGBL, with narrow exceptions for specific roles, such as safety positions at the Municipality of Delft – always subject to strict scrutiny.
What Constitutes Direct Age Discrimination?
In cases of direct age discrimination, an employer deliberately distinguishes on the basis of age, resulting in unfavorable treatment compared to peers in similar positions. Age is the core reason here.
This differs from indirect discrimination, where a neutral policy disproportionately affects older people. Overview:
| Aspect | Direct Discrimination | Indirect Discrimination |
|---|---|---|
| Definition | Deliberate distinction based on age | Neutral policy with disproportionate impact on age group |
| Example | 'Too old for this job' | Requiring 10 years' experience, excluding those over 50 |
| Evidence | Direct statements or documents | Statistics and patterns |
| Justification | Rarely permitted | Possible if objectively necessary |
Examples from Delft Practice
A 55-year-old engineer at a Delft high-tech company is passed over for promotion with the comment: 'We want younger energy for innovation.' This is direct age discrimination. Or during a reorganization at the Municipality of Delft: older civil servants dismissed first due to 'age-related costs'.
It also arises in dismissals: a 62-year-old truck driver for a local company is replaced because 'younger people are more flexible.' The Netherlands Institute for Human Rights ruled in a similar case involving a 58-year-old who missed a traineeship due to a 35-year age limit – purely discriminatory.
Read more about age discrimination in job applications in Delft.
Rights and Obligations in Delft
Employee rights:
- Free report to the Netherlands Institute for Human Rights.
- Claim compensation at the subdistrict court of the District Court of The Hague, including non-material damages.
- Contract termination with transition payment if discrimination is proven.
Employer obligations:
- Assess based on skills, not age.
- Bear the burden of proof for any justification.
- Implement a discrimination reporting code, possibly via the Municipality of Delft.
- Document: Emails, notes, witnesses.
- Report promptly: To works council, confidential advisor, or Institute (within 1 year).
- Seek help: Start at Juridisch Loket Delft for free advice. See also employment law in Delft or equal treatment.
- Employers: Train staff on bias, apply objective selection.
Employers in Delft risk fines and reputational damage. Gather evidence such as emails or witnesses.
Frequently Asked Questions for Delft Residents
Can a job posting set an age limit?
No, except for strict justifications like youth work. A 'max. 30 years' in Delft ads is generally prohibited.
Can I report anonymously in Delft?
Yes, to the Institute; court proceedings at the District Court of The Hague require identification.
If an employer cites performance?
Prove via patterns that age was decisive.
How much is compensation?
Often €5,000-€20,000 plus wages, depending on the case.
Tips for Delft Residents
Against direct age discrimination in Delft:
With strong evidence, claimants win 60-70% of cases (Institute data). Act quickly: dismissal limitation period is 2 months.