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Say no to discrimination

28 January 2020 -

Discrimination in the labor market unfortunately still occurs. Sometimes it is very clear, but sometimes also quite complicated to know which job requirements you as an employer are allowed to set and which are not. Are you fully informed? With these tips you can help prevent discrimination in the workplace.

Discrimination in recruitment and selection prohibited

Young and old, people with and without disabilities, pregnant or not, ethnic minorities or majority, everyone should be given a fair chance in recruitment and selection procedures. Employers should look at candidates' competencies and not treat candidates unequally on the basis of characteristics that do not matter. Discrimination is prohibited: it is stated in the Constitution, in Article 1.

Types of discrimination

Despite the fact that everyone knows that discrimination is prohibited, discrimination during job application procedures still occurs regularly. As an employment agency, we ( Actief Werkt! ) also experience that clients make discriminatory requests. This usually happens unconsciously, a client is not aware that a request is discriminatory. As an employment agency, it is our job to point this out to them and to find out the question behind the question.

There are different forms of discrimination:  

  • Age discrimination

Most employers know that age discrimination is not allowed. Yet it still occurs regularly, often in indirect form. That is also not allowed. Some examples:
“Wanted: young dog”
"Wanted: a student who would like to earn some extra money next to his studies"
“Maximum 3 years work experience”  

  • Discrimination based on ancestry

Sometimes employers ask about a specific target group, because they have positive work experiences with it, for example. This excludes others and that is not allowed. Excluding someone during an application procedure on the basis of language proficiency is also often not allowed. Some examples;

“We would like a Pole, because they are hard workers”
“We would like someone from ...., the rest of the team also consists of Poland. That is easier and safer for communication in the workplace”
“We are looking for someone without an accent”

  • Discrimination based on religion

People can express their faith through clothing, appearance or behavior. Rejecting candidates on the basis of this is not allowed. Examples:

"We do not want women with a headscarf, because it is a representative function."
“Our organization works on a Christian basis, so we are looking for someone who fits in here.”
“We are looking for someone who also shakes hands with women.”

  • Pregnancy Discrimination

When applying for a job, women are regularly asked whether they want to have children. Pregnant applicants are also rejected because of their pregnancy. This is prohibited by law. Examples:

“We are looking for someone for maternity replacement, so we prefer not to have a pregnant woman as a candidate”
“We are looking for a colleague for a temporary project and we want the guarantee that someone can work for at least a year. So preferably no pregnant women.

  • Discrimination based on gender

Women in particular are affected by this. For example, during a job interview, when they are presented with questions about combining work and care tasks. Examples:
“We are only looking for male candidates because the work is physically demanding.”
“In view of our workforce, we are mainly looking for men. We already have enough women in the department.”

Tips to avoid discrimination

To help employers, the Ministry of Social Affairs and Employment has launched the Further Viewers campaign. With this campaign, employers receive tips to prevent discrimination in the workplace and to stimulate an inclusive company culture:

  • Try to recruit wider: don't always fish in the same pond, but try different recruitment channels.
  • Use the vacancy check of the Netherlands Institute for Human Rights.
  • Map out which knowledge and skills are actually important and invite people on the basis of these competencies. The recruitment guide can help you determine which job requirements are important.
  • Select suitable candidates based on the job requirements, as described by the recruitment guide .
  • Make the selection committee diverse and conduct the job interviews with different colleagues.
  • Visit training courses to become an expert in diverse selection. Think, for example, of a bias awareness training or the training “Selection Without Prejudice” . Also the app “Diversity Pays!” can help. This app provides insight into any prejudices you may have and can be downloaded from the Apple Store or Play Store.  
  • Provide a clear vision for an inclusive corporate culture and school leaders.

Sources: ABU, Ministry of Social Affairs and Employment