Discrimination at work: evidence, complaints and next steps

Discrimination at work: evidence, complaints and next steps

A rejection, lost opportunity or repeated remarks about origin, pregnancy or disability may call for examination of discrimination. Not every unfair decision falls under the same legislation, and a complaint needs more than a general feeling. Record what happened, the potentially protected ground and the outcome you seek. That makes it easier to obtain targeted support and choose a process capable of addressing your problem without losing other employment rights.

Discrimination can arise in recruitment, pay, promotion, working conditions and termination; different protected grounds have distinct rules.

Facts suggesting prohibited discrimination matter to the burden of proof; an allegation alone is insufficient.

The Netherlands Institute for Human Rights can issue an authoritative but non-binding opinion and cannot award compensation.

1. Identify the ground and decision

Describe the act: rejection, roster change, unequal pay, missed training, discriminatory treatment or contract ending. Identify a potentially protected ground such as sex, race, religion, age or disability and chronic illness. Conditions and exceptions are not identical for every ground. An apparently neutral rule can particularly disadvantage a group and raise indirect-discrimination questions. Different treatment is not automatically prohibited, but a general reference to customer preference is not a complete justification either. Compare selection criteria with the explanation given. That avoids focusing solely on a manager's intentions. Distinguish a legally relevant characteristic from general workplace disagreement while recognising that conduct and effects can matter even without an openly discriminatory statement.

2. Build a factual record

Record date, place, witnesses and the words or decision as accurately as possible. Keep vacancies, emails, messages, salary information lawfully held and changing versions of the explanation. Separate your observations, hearsay and interpretation. Ask witnesses to record their own recollections without scripting them. Compare situations carefully: role, experience, responsibility and assessment timing may differ. You need not fully prove every motive in advance, but facts capable of suggesting discrimination are essential to the special burden-of-proof rules. Those rules do not mean every unsupported allegation is presumed true. Request missing information through appropriate channels instead of accessing colleagues' files without permission. A clear chronology helps an adviser see both supporting facts and possible alternative explanations.

3. Give the employer a clear complaint

Use the complaints procedure and make clear that you suspect discrimination. An employer must handle such complaints carefully and investigate appropriately. Describe events, people and the requested next step: stopping behaviour, restoring an opportunity or independent investigation. Ask who handles it, how confidentiality works and when a response is expected. Absolute secrecy may be impossible where another person needs to respond; discuss disclosure beforehand. A confidential counsellor can support you but usually does not decide the complaint. Prepare meeting notes and allow factual corrections. Record temporary arrangements needed for safe continued work. Distinguish a request for confidential advice from authorisation to launch a formal complaint so that expectations about sharing and investigation remain clear.

4. Support and an Institute opinion

A local anti-discrimination service can discuss the situation and suitable route. The Netherlands Institute for Human Rights, the College, handles complaints within applicable equal-treatment law. Its procedure is free and a lawyer is not compulsory. The other party receives the complaint and may respond, so this differs from confidential advice alone. The Institute investigates and may hold a hearing. Its opinion is authoritative but not legally binding; it imposes no fine and awards no compensation. A court may be needed for a binding order or monetary claim. Check that the ground and field fall within its jurisdiction. Choose the route by the result you seek, rather than expecting a discrimination opinion to automatically restore pay, reverse dismissal or order a promotion. The Institute’s procedural language is Dutch. It generally allows English documents unless this disadvantages the other party procedurally, and can arrange a free hearing interpreter. Request support early; this website’s translation does not automatically make the proceedings multilingual.

5. Discuss adjustments, health and retaliation

Disability or chronic illness may raise the need for effective adjustments. Explain which tasks present barriers and what practical change would help; discuss medical details with the appropriate professional. The adjustment needs assessment in the particular circumstances, including any disproportionate burden on the employer. Record events after a complaint as well. Reduced shifts, exclusion or adverse assessments can raise retaliation questions, but timing and reasons still matter. Respond factually to new criticism and continue work where possible. A complaint does not automatically suspend other employment arrangements. Seek support when health, income loss and threatened termination overlap so that separate rights and deadlines remain visible. Avoid treating the adjustment process and the investigation of past discrimination as interchangeable tasks.

Example: changing recruitment explanations

After a positive second interview you disclose pregnancy. You are then told the role has disappeared, while the same vacancy stays online. Preserve dated messages and the vacancy and ask about decision criteria. These are facts for investigation; the sequence alone does not determine the final legal conclusion.

6. Choose an outcome and protect deadlines

Decide whether you want conduct to stop, investigation, adjustments, equal opportunities, pay correction or dismissal review. No single body can necessarily provide everything. An internal complaint or Institute request does not automatically suspend time limits for challenging termination. Do not wait exclusively for an investigation when you receive dismissal papers or a settlement agreement. Obtain timely assessment and do not sign broad final settlement wording without understanding the claims it resolves. Keep correspondence and agreed remedies. Even when an individual problem is settled, clear arrangements about policy, management and follow-up may prevent repetition. Check who must act, what will change and when it will be reviewed, rather than assuming a general promise closes every issue.

Identify the act, possible protected ground and desired outcome.

Date events and changing explanations.

Use the complaints procedure and request a careful response.

Discuss support and the Institute's jurisdiction.

Check pay, dismissal and other claim deadlines separately.

Is every difference in treatment discrimination?

No. Protected ground, field, exceptions and possible justification matter. An unreasonable decision may instead raise another employment-law issue. Describe the decision and suspected ground accurately so that the appropriate rules can be assessed.

Must I prove the employer intended discrimination?

Discriminatory intent is not always required; facts and effects matter too. To trigger the special burden-of-proof rules, you must present sufficient facts suggesting prohibited discrimination. A feeling or allegation alone is not enough.

Can the Institute order my employer to pay?

No. It issues an authoritative, non-binding equal-treatment opinion. Compensation or a binding measure may require court proceedings. Have the desired outcome and appropriate legal route assessed rather than assuming the opinion itself produces payment.

Can I seek confidential advice without proceedings?

Yes. Advice and a formal complaint are different steps. Ask a confidential counsellor or anti-discrimination service about its role and what it shares. A formal procedure gives the other party an opportunity to respond.

Sources and editorial notes
Sources current as of: October 18, 2026
1. Netherlands Institute for Human Rights: employment and equal treatment
Publisher: mensenrechten.nl
https://www.mensenrechten.nl/themas/arbeid
2. Netherlands Institute for Human Rights: complaints and opinions
Publisher: mensenrechten.nl
https://www.mensenrechten.nl/mensenrechten-voor-jou/discriminatie-en-gelijke-behandeling/discriminatieklachten-en-verzoek
3. Netherlands Institute for Human Rights: complaint handling and jurisdiction
Publisher: mensenrechten.nl
https://www.mensenrechten.nl/mensenrechten-voor-jou/wat-doet-het-college/veel-gestelde-vragen
4. General Equal Treatment Act: legal framework and burden of proof
Publisher: Wettenbank · Overheid.nl
https://wetten.overheid.nl/BWBR0006502/2026-01-01/0/Hoofdstuk1/Paragraaf5/Artikel9
The source publications are in Dutch. All language editions cover Dutch law.