Age discrimination is often associated with employees of middle age and older, who are sometimes considered too expensive or inflexible.

Although age discrimination is most often committed against those of middle age and beyond, young adults may also be targeted, as the Netherlands Institute for Human Rights found in this case.

23 is 'too old'

The 23-year-old woman worked as a cashier in an Albert Heijn’s. She worked on a temporary contract, which Albert Heijn extended on two occasions. When it came time for a third extension, she should've been offered a permanent contract.

According to the woman, Albert Heijn discriminated against her based on her age. When she had heard that an 18-year-old colleague received a permanent contract, she sent her team leader a WhatsApp message asking, “Is there finally new room for permanent contracts now?”

Her team leader responded: “[Name of colleague who did get a permanent contract] is eighteen, you see?”

Albert Heijn denies that there was age discrimination. Instead, the company said it had no room for a cashier and the woman wasn’t able to work in a different position. Although it entered into permanent contracts with two teenage workers (18 and 19), those decisions are not because of age, the grocer said, but rather individual reasons, such as friendliness and flexibility.

'No room'

Albert Heijn entered into a permanent employment contract with two teenage workers but not with the 23-year-old. An 18-year-old cashier earns 46.7 percent to 47.2 percent of the salary of a 23-year-old, while a 19-year-old gets 54.6 percent.

The team leader’s WhatsApp message, linking the age of 18 with a permanent contract, establishes the presumption of discrimination based on age. Albert Heijn argues that there was no room for the 23-year-old woman, because a cashier from a different branch had joined.

The Institute for Human Rights believes that Albert Heijn failed to prove that it didn’t discriminate against the woman on the basis of her age. That is, it doesn’t prove that the woman’s age did not play any role at all. Even if the age isn’t the sole reason not to enter into a permanent contract, discrimination is at issue here.

Guilty decision

The Netherlands Institute for Human Rights ruled that Albert Heijn BV is guilty of illegal discrimination against a woman on the grounds of age by not entering into a new working contract with her.