Direct Age Discrimination in Tilburg
Direct age discrimination occurs when someone in Tilburg is treated worse solely because of their age. Under Tilburg employment law, this is strictly prohibited and can lead to compensation claims. This article discusses the rules, local examples, and your options as a Tilburg resident.
Legal Basis
In the Netherlands, including Tilburg, the Equal Treatment (Age) in Employment Act (WGBL), Article 1, prohibits age discrimination in employment. This covers applications, contracts, terms 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. Specifically for employment, the WGBL applies.
The Netherlands Institute for Human Rights assesses reports and provides non-binding opinions for courts. EU Directive 2000/78/EC is incorporated into the WGBL. Exceptions, such as for specific professions, are narrowly interpreted by the District Court of Zeeland-West-Brabant in Breda.
What Constitutes Direct Age Discrimination?
Direct age discrimination occurs when an employer deliberately distinguishes based on age, to the disadvantage of someone compared to others in the same situation. Age is the core reason here.
This contrasts with indirect discrimination, where a neutral policy disproportionately affects older people. Overview:
| Feature | Direct Discrimination | Indirect Discrimination |
|---|---|---|
| Definition | Deliberate distinction based on age | Neutral policy that disadvantages an age group |
| Example | "Too old for this job in Tilburg" | Requiring 10 years of experience, excluding those over 50 |
| Evidence | Direct statements or remarks | Statistics and figures |
| Justification | Rarely permitted | Possible if strictly necessary |
Examples from Tilburg's Working Life
A 55-year-old employee at a Tilburg logistics company is passed over for promotion with the comment: "We want younger staff for dynamism." This is direct age discrimination. Or during a reorganization at a local textile producer: older employees are let go first due to "age-related costs."
Dismissing a 62-year-old truck driver in the port region because "younger people are more flexible" remains discriminatory. The Institute ruled in a similar case on a traineeship with a 35-year age limit – purely prohibited.
Read more about application discrimination in Tilburg.
Rights and Obligations in Tilburg
Your rights as an employee:
- File a free report with the Netherlands Institute for Human Rights.
- Claim compensation from the sub-district court of the District Court of Zeeland-West-Brabant in Breda (including non-material damages).
- Terminate the contract with transition payment if discrimination is proven.
Employers' obligations:
- Assess based on skills, not age.
- Objectively demonstrate why distinction is necessary.
- Set up a discrimination reporting point in line with guidelines.
- Document: Save emails, conversations, and witnesses.
- Report promptly: To the works council, confidential advisor, or Institute (within 1 year).
- Seek help: Start at Legal Aid Office Tilburg for free advice, or Arslan Advocaten. See also employment dismissal law Tilburg and equal treatment.
- For employers: Train staff on biases and use fair criteria.
Employers in Tilburg risk fines and reputational damage. Gather evidence such as emails or notes.
Frequently Asked Questions
May a job posting in Tilburg set an age limit?
No, except for justified reasons like youth work. A "max. 30 years" is generally direct discrimination.
Can I report discrimination anonymously in Tilburg?
Yes, to the Institute, but court proceedings at the District Court of Zeeland-West-Brabant require identification.
If an employer cites 'performance,' how do I prove age was the cause?
Use circumstantial evidence, such as patterns among colleagues.
What compensation if successful?
Often €5,000-€20,000 non-material plus wages, depending on the case at Breda District Court.
Tips for Tilburg Residents
Against direct age discrimination in Tilburg:
With good evidence, 60-70% of cases are won (Institute data). Note: dismissal claims have a 2-month limitation period.