When is employment discrimination?
Discrimination in the workplace is unfortunately still common. Within a company, no distinction may be made between employees based on characteristics such as gender, age, nationality, medical condition, sexual orientation, religion or disability. There are two forms of discrimination: direct discrimination and indirect discrimination.
Direct discrimination is usually easy to recognize. This happens, for example, when someone is fired for being pregnant or when a company refuses to hire someone because of their religion. Direct discrimination is in principle prohibited unless there is an exception in the law. An exception may apply, for example, if an employer is allowed to actively favor specific groups, such as people with disabilities, in order to improve their position on the labor market.
Indirect discrimination is less visible. These are rules or requirements that appear neutral at first glance, but in practice disadvantage certain groups. Suppose an employer requires a painter to speak excellent Dutch. Although this is not a direct distinction, in practice this may exclude foreign painters. The question then is whether this requirement is really necessary for the job. Sometimes indirect discrimination can be justified, for example if the language requirement applies to a Dutch teacher.
What can you do if you are discriminated against?
If you face discrimination in the workplace, such as through hurtful comments from co-workers or because you are disadvantaged in promotions or other terms of employment, it is important to take action.
The first step is to discuss the situation. Talk to your supervisor or a confidential advisor within the organization. Explain clearly what is going on and substantiate your complaint as much as possible with facts, e-mails, statements or other evidence. The employer is obliged to take your complaint seriously and to take appropriate measures to counter discrimination.
Does nothing change after your report? Then you can file a complaint with the Human Rights Board. For this step, it is important that you have documentary evidence or witness statements. The Board investigates your complaint and gives an opinion on whether discrimination has occurred.
If the situation remains unchanged even after an opinion by the Board, you can go to the subdistrict court. A decision by the Board confirming that discrimination has taken place can significantly strengthen your case in court. If the judge rules that discrimination has occurred, you may be able to claim fair compensation.Discrimination at work must be taken seriously and can have legal consequences for the employer. So know your rights and take action if you face discrimination.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about discrimination. Please feel free to contact us .
April 2025
