Unjustified discrimination on the basis of religion, race, gender, nationality or sexual orientation is against the law in the Netherlands.
Disabled and chronically sick employees are also protected against unequal treatment. Within an employment agreement there are even more prohibitions against discrimination. For example, employers are not allowed to make any distinction between full-time and part-time employees.
Discrimination in the workplace is a very common problem. Often the employer is not even aware that discrimination is not permitted. Unequal treatment may occur in all sorts of employment conditions, such as pensions, reimbursement of travel expenses, bonus policies, holidays, career development, working conditions and dismissal. Discrimination is also prohibited during the application stage.
In some cases, employees may be treated differently in the workplace. This is only possible if there is a legally permitted reason for the unequal treatment. When this is in doubt, we advise the employer to have an assessment carried out in advance to see whether making a distinction in the specific case is permitted.
Treating employees differently without objective grounds for justifying it is not permitted. If this occurs, the employee can demand that the employer ceases the discriminatory behaviour. If the parties cannot agree upon a solution between themselves, legal proceedings are inevitable. The Netherlands Institute for Human Rights can make a judgment about the alleged discrimination. These judgments are publicly posted on the Institute’s website and can result in a great deal of negative publicity. In addition, the case can be taken to court and there may be a demand for compensation.
GMW lawyers will be happy to help you with all your employment-related legal issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our pension and employment lawyers will be happy to support and advise you.
GMW lawyers will be happy to help you with all your employment law issues. Our lawyers assist both employers and employees.
Do you have a question? Please feel free to contact us.
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11 February 2026
Love in the workplace: boundless?
What should be done if a romantic relationship between colleagues leads to tension and problems in the workplace? If such a relationship has a negative impact on work performance or the working atmosphere, is an employer allowed to prohibit a relationship between employees, or to impose limits? These questions regularly arise in practice and legal proceedings.
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22 January 2026
What to do if an employee does not cooperate with reintegration?
When an employee is (long-term) sick, reintegration is a joint obligation of both the employee and the employer. But what if the employee refuses to cooperate in this process? What can you do according to the law? What steps are required?
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15 January 2026
Works council’s right to be consulted in an international group
The works council (ondernemingsraad, OR) is entitled to all information that it “reasonably” needs to provide advice on, for example, a reorganisation.
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3 December 2025
Don’t count the number of warnings
That five official warnings do not automatically justify a lawful dismissal was once again confirmed in a recent ruling by the Gelderland Subdistrict Court.
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30 October 2025
Heineken employee facing termination? We offer legal advice
Heineken has announced a large-scale reorganisation, as a result of which many positions will become redundant. Those employees will be offered a settlement agreement to which a so-called social plan will apply. If this applies to you, please continue reading…
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10 September 2025
Does a Validsign signature equal consent?
Employment contracts can end in various ways. For example, a fixed-term employment contract often referred to as a “temporary contract” expires on the agreed date.
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27 August 2025
The scope of the redeployment obligation
Does your employer say that you have been dismissed due to organizational changes? Does this mean your position is no longer available?
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25 August 2025
Can I go on vacation while sick?
We regularly receive the question of whether sick employees can go on vacation. In this blog, we answer this question and explain the applicable rules.
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13 August 2025
Summary dismissal: steps to take
In many cases, a summary dismissal does not meet the strict legal standard of the existence of an urgent reason. This was also the case in a recent case brought before the court.
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