Direct Age Discrimination in Rotterdam
Direct age discrimination occurs when someone in Rotterdam is treated worse solely because of their age. In employment law, this is prohibited and can lead to compensation claims. This article discusses the laws, local examples, and your options as a resident of the port city.
Legal Basis
In the Netherlands, and thus also in Rotterdam, the Equal Treatment on Grounds of Age in Employment Act (WGBL), Article 1, prohibits age discrimination at work. This covers job applications, contracts, terms of employment, and dismissal. The Constitution, Article 1 protects against all forms of discrimination. The General Equal Treatment Act (AWGB) provides additional context, but the WGBL specifically addresses employment and age.
The Netherlands Institute for Human Rights assesses reports and issues non-binding opinions for cases at the District Court of Rotterdam. EU Directive 2000/78/EC is incorporated into the WGBL. Exceptions, such as for safety roles in the Port of Rotterdam, are strictly scrutinized by the courts.
What Constitutes Direct Age Discrimination?
Direct age discrimination arises when an employer intentionally treats someone unfavorably based on age compared to peers in the same situation. Age is the key factor.
This differs from indirect discrimination, where a neutral policy disproportionately impacts older individuals. Comparison:
| Aspect | Direct Discrimination | Indirect Discrimination |
|---|---|---|
| Definition | Explicitly based on age | Neutral policy with age-related disadvantage |
| Example | "Too old for port work" | Requiring 10 years' experience, excluding over-50s |
| Evidence | Direct statements or emails | Statistics on affected groups |
| Justification | Rarely permitted | Possible if objectively necessary |
Examples from Rotterdam Practice
A 57-year-old dockworker in Rotterdam is overlooked for a supervisory role because the boss prefers younger staff for 'fresh energy'. This is direct age discrimination. Or during a reorganization at a logistics firm: older workers are targeted first due to 'senior salaries'.
It also arises in dismissals: a 60-year-old driver at a Rotterdam transport company is replaced by younger staff 'for flexibility'. Even cost-based arguments are discriminatory if age is central. The Institute ruled against a traineeship with a 35-year age cap at a local company.
Read more in our article on age discrimination in job applications in Rotterdam.
Your Rights and Obligations in Rotterdam
Rights as an employee:
- File a free report with the Netherlands Institute for Human Rights.
- Claim compensation from the sub-district judge at the District Court of Rotterdam (including non-material damages).
- Seek contract termination with transition payment if discrimination is proven.
Employers' obligations:
- Assess based on skills, not age.
- Prove any distinction is necessary (high burden of proof).
- Establish a discrimination reporting mechanism in line with Municipality of Rotterdam guidelines.
Employers risk fines and reputational harm in the region. Collect evidence like chats or witness statements.
Frequently Asked Questions
May a job posting in Rotterdam impose an age limit?
No, except in justified cases like youth trauma work or safety roles in the port. 'Max 32 years' is generally prohibited.
Can I report discrimination anonymously in Rotterdam?
Yes, anonymously to the Institute, but identification is required for the District Court of Rotterdam.
If an employer cites performance, what then?
Prove via patterns or indirect evidence that age was decisive.
How much compensation in Rotterdam cases?
Typically €6,000–€25,000 in non-material damages plus lost income, depending on the facts.
Tips for Rotterdam Residents
Combating direct age discrimination in the region:
- Document thoroughly: Capture emails, notes, and witnesses.
- Report promptly: To the works council, confidential advisor, or Institute (within 1 year).
- Seek local support: Contact Legal Aid Office Rotterdam for advice or Arslan Advocaten for an intake. See also employment law in Rotterdam.
- For employers: Train staff on bias and implement Municipality of Rotterdam prevention measures.
At the District Court of Rotterdam, around 65% of cases with strong evidence succeed (based on Institute data). Note: the limitation period is 2 months for dismissals.