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Netherlands: The Equal Opportunity in Employment Bill rejected in Senate

  • On 14 March 2023, the Dutch House of Representatives passed the "Supervision of Equal Opportunities in Recruitment and Selection Bill," which aims to address and reduce employment discrimination, especially on the basis of origin, gender, race, colour, age, religion, sexual orientation or disability.
  • On 12 March 2024, the discussion around the bill continued in the Dutch Senate, building on the plenary debate initiated on 27 February 2024.A critical vote and accompanying motions took place on26 March 2024 and and the Bill was not adopted in the Senate after a majority voted against it.

According to the Bill, employers are mandated to implement documented practices ensuring equal opportunity in recruitment and selection. 

This includes a verification duty for employers utilising third-party recruiters and a reportingsobligation for agencies on discriminatory requests.

Senators Petersen (VVD) and Huizinga (ChristenUnie) advocated for a 'pilot' or practical test to provide an empirical foundation for the law's efficacy, aiming to foster greater awareness among employers regarding non-discriminatory recruitment practices.

Minister of Social Affairs and Employment Van Gennip countered the pilot proposal, citing a prior trial with 19 employers across various sectors. The intent was to demonstrate the administration's proactive steps in testing the bill's premises.

The Senate’s debates have unveiled a spectrum of opinions on the bill, from concerns about potential regulatory burdens on small businesses to arguments emphasising the necessity of such legislation to combat deep-rooted employment discrimination.

A two-year timeline for the bill's implementation has been outlined, providing employers with sufficient time to familiarise themselves and comply with the new requirements.

In response to demands for clarity, the Minister committed to ensuring the publication of recruitment and selection methodologies by the central government and the Labour Inspectorate.

Regardless of the outcome of the vote in the Senate, , the "Supervision of Equal Opportunities in Recruitment and Selection Bill" is a testament to the Netherlands' commitment to fostering an inclusive and discrimination-free labour market. 

The discussions, proposed motions, and ministerial engagements reflect the complexities of enacting effective legislation in this area, balancing the need for stringent regulatory frameworks with the practicalities of implementation and the potential impact on employers.