Direct Age Discrimination in Den Haag
Direct age discrimination occurs when someone in Den Haag is treated worse solely because of their age. In Hague employment law, this is strictly prohibited and can result in compensation claims. This article discusses the laws, cases, and your options as a resident of the Hofstad.
Legal Framework
In the Netherlands, and thus also in Den Haag, the Equal Treatment on Grounds of Age in Employment Act (WGBL) (Article 1) prohibits age discrimination at work. This covers job applications, contracts, promotions, and dismissals. The Constitution Article 1 protects against all forms of discrimination, while the General Equal Treatment Act (AWGB) provides a broader framework.
The Netherlands Institute for Human Rights assesses reports and issues opinions that the Den Haag District Court takes into account. EU Directive 2000/78/EC bolsters this through the WGBL. Exceptions, such as for safety roles at the municipality, are strictly scrutinised by the Den Haag court.
What Constitutes Direct Age Discrimination?
In cases of direct age discrimination, age is the explicit reason for unequal treatment in comparable situations. Unlike indirect discrimination, where neutral rules disproportionately affect older people, this is intentional.
| Feature | Direct | Indirect |
|---|---|---|
| Definition | Explicit age distinction | Neutral policy disadvantaging certain ages |
| Example | "Too old for this job in Den Haag" | Requiring 10 years' experience, excluding over-50s |
| Evidence | Direct statements or documents | Statistics and figures |
| Justification | Rarely permitted | Possible for objective necessity |
Examples from Den Haag Practice
A 57-year-old civil servant at the Den Haag Municipality is passed over for a position because "younger staff bring innovation". This is direct discrimination. Or older employees targeted first in a Den Haag reorganisation due to "age-related costs".
In dismissal cases: a 60-year-old employee at a local transport firm is replaced by "more flexible young people". The Institute ruled in a similar case involving a 55-year-old who missed a traineeship due to a 35-year age cap – purely discriminatory. For job application tips, see our article on age discrimination in job applications in Den Haag.
Rights and Obligations for Den Haag Residents
Your rights as an employee:
- Free report to the Netherlands Institute for Human Rights.
- Compensation claim at the Den Haag District Court, 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 exceptions.
- Establish a discrimination reporting mechanism.
Employers in Den Haag risk fines and reputational damage. Gather evidence like emails.
Frequently Asked Questions
Can a job ad in Den Haag impose an age limit?
No, except for genuine reasons like youth work. 'Max 32 years' is generally prohibited.
Can I report discrimination anonymously in Den Haag?
Yes, to the Institute; identification is required for the Den Haag District Court.
If an employer cites 'performance', how do I prove age was the cause?
Through patterns, witnesses, or documents.
What compensation can I expect?
Often €5,000–€20,000 in non-material damages plus lost income, depending on the case at the Den Haag District Court.
Tips for Den Haag
Against direct age discrimination:
- Document: Notes, emails, witnesses.
- Report promptly: To works council, confidential adviser, or Institute (within 1 year).
- Seek help: Start at Juridisch Loket Den Haag for free advice, or Arslan Advocaten. See also dismissal law in Den Haag.
- For employers: HR training against bias, neutral criteria.
At the Den Haag District Court, 60-70% of cases with strong evidence succeed (Institute data). Note: 2-month limitation period for dismissal challenges.
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