Ageism (age discrimination)
Everyone is, at one point, young or old. According to the law, all people have the same rights. However, in practice, people are often treated unequally because of their age.
What is ageism (age discrimination)?
With age discrimination, you are treated differently because you are considered (too) old or (too) young in a situation, despite that distinction not being allowed by law.
Age plays an important role in our society:
- You gain or lose certain rights because of your age. For example, you can take part in the European elections when you are 16. Or you travel cheaper by train when you are over 65.
- You may also face prejudice and stereotypes because you are old(er) or young(er). In some cases, this ageism results in discrimination.
Ageism: examples
- An employer asks an employment agency to select only candidates under the age of 30 for a job.
- A bank refuses a credit card to customers over 70.
- An employee is told she will not be considered for training because she is 'too close to retirement age'.
- A company is looking for a social media expert and states 'candidates aged 25 to 35' in the job advert.
- A landlord does not want to rent to young people (because the landlord is afraid they will organise parties) or older people (because they may not be able to upkeep the garden).
Frequently asked question relating to ageism
Open May a job advertisement contain an age limit?
It is allowed only if there is a legitimate, appropriate and reasonable justification. This is the case, for example, if persons over 45 are sought to promote anti-wrinkle cream. If there is no legitimate, appropriate and reasonable justification, then it is prohibited. For example, if a company is looking for applicants "between 25 and 35" or "young university graduates", this is discrimination because certain groups of people are automatically excluded. However, an employer can certainly specify the required competences ("contacts in the youth sector", "knowledge of social media", ...) or the profile of the position ("little responsibility", salary level, ...).
Open I am 30 years old and applied for a position where 'entry-level job agreement' was mentioned. I received the reply that I am not eligible. How can that be correct?
Starter job agreements are a government measure (Employment Promotion Act of 24 December 1999) to promote the employment of young people. This means that a candidate must be under 26 years old to qualify for an entry-level job agreement.
According to anti-discrimination law, it is not discrimination if a distinction is imposed by a law or decree (Article 11 Anti-discrimination Act). For an entry-level job agreement, this is indeed the case and an age limit may, therefore, be applied.
Open Can an employer dismiss older employees?
An employer may dismiss an older employee for the same reasons as other employees: for example, if the employee has already received several negative evaluations, or if there is another pressing reason for dismissal. Unless stipulated by a law, you cannot be fired because you have reached a certain (retirement) age.
Open Can insurance be more expensive for older people?
It can if the risk covered by the insurance increases with the age of the insured person. For example, more expensive hospitalisation insurance for older people. Reliable national statistics confirm that the risk of health problems does indeed increase with age.
If the reason given by the insurer is not objective and reasonable, it is prohibited.
Open Can a museum charge a different entrance fee for older visitors?
Yes, if it is justified in an objective way. For example: people over 65 get a reduced rate. Since 65 is the official retirement age, this group's financial income decreases at that time. Therefore, they have fewer resources for leisure activities. The museum also proposes a reduced rate to two other groups who are less financially well-off: students and unemployed persons.
Age-based discrimination under the law
- The Law on Combating Certain Forms of Discrimination of 10 May 2007 (Anti-Discrimination Act) prohibits discrimination based on age: direct and indirect discrimination, harassment, instruction to discriminate and cumulative and intersectional discrimination.
- The Anti-discrimination Act applies only to federal-level competences such as employment, participation in economic, social, cultural or political activities and the use of goods and services. Discrimination in regional-level areas of competence, such as housing and education, is regulated by the decrees and ordinances of the communities and regions.
- The prohibition of age discrimination in the field of employment is an implementation of EU Framework Directive 2000/78/EC of 27 November 2000, which established a general framework for equal treatment in employment and occupation. Age is one of the key criteria where discrimination is prohibited, but age is subject to a special regime when justifying the distinction. This allows member states to develop labour market policies or other, social policies in which age does have a direct part to play.
- The Anti-discrimination Act represents a civil law approach to discrimination. This means that the victim can appeal to the court to stop the discrimination (cessation claim), and can, among other things, seek (liquidated) damages.
- Age discrimination is punishable only in very exceptional cases: deliberate discrimination by a civil servant; incitement to discrimination, segregation, hatred or violence based on age. Crimes committed from a hate motive involving ageism may be punished more severely.
Discover more about discrimination
Discover the other protected criteriaOrigin or social condition
Discrimination, for example, because you are homeless, belong to a certain social class or have been in prison.
Civil status
Discrimination because you are refused entry to a dance school as an unmarried person, for example.
Report discrimination
Do you feel you have experienced or witnessed discrimination? Report it online or call the toll-free number 0800 12 800 on weekdays between 9.30 a.m. and 1 p.m.