Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
The laws of the kingdom’s constituent territories prohibit racial, national, or ethnic discrimination.
Various monitoring bodies in the Netherlands reported that the largest percentage (43 percent in police statistics) of registered incidents of discrimination in 2018 had to do with a person’s origin, including color and ethnicity. Almost all of these incidents concerned persons of non-Western backgrounds, including Turks, Moroccans, Roma, and Sinti. According to the NIHR, discrimination on racial and ethnic grounds occurred in virtually every sphere (see also Other Societal Violence or Discrimination in this section).
In the Netherlands police received training on avoiding ethnic or racial profiling, although Amnesty International in 2018 criticized the lack of monitoring to assess the training’s effectiveness. The government put into place more effective procedures to process reports of discrimination and assist victims, including an independent complaints committee.
Section 7. Worker Rights
d. Discrimination with Respect to Employment and Occupation
Labor laws and regulations throughout the kingdom prohibit discrimination in employment and occupation, and the government effectively enforced the laws. The law applies to all refugees with residency status. Penalties took the form of fines and were adequate to deter violations.
The NIHR focused on discrimination in the labor market, such as discrimination in the workplace, unequal pay, termination of labor contracts, and preferential treatment of ethnically Dutch employees. Although the NIHR’s rulings are not binding, they were usually adhered to by parties. In 2018 the NIHR addressed 277 cases of possible labor discrimination. In November 2018, for example, the NIHR ruled that a software company discriminated against a female employee when it notified her that women were required to wear dresses as part of appropriate work attire. Plaintiffs may also take their cases to court, but the NIHR was often preferred because of a lower threshold to start a case. The Inspectorate for Social Affairs and Employment conducted inspections to investigate whether policies were in place to prevent discrimination in the workplace. The law addresses adaptations that require employers to accommodate employees with disabilities, and the government worked to improve the position of persons with disabilities in the labor market (see section 6).
Discrimination occurred in the Netherlands, including on the basis of race and sex. The country’s nationals with migrant backgrounds faced numerous barriers when looking for work, including lack of education, lack of Dutch language skills, and racial discrimination. According to Statistics Netherlands, the minority unemployment rate of non-Western migrants during 2018 was more than twice that of the native workforce, while the unemployment rate among youths with a non-Western migrant background was almost three times higher than among native youth. The government implemented a program called “Further Integration on the Labor Market” to improve the competitiveness of those with a migrant background seeking work in the Netherlands. The program set up eight different pilot projects to identify which interventions would better increase labor market participation among these populations.
Discrimination in employment and occupation also occurred with respect to race, religion, and disability. Migrant workers also faced discrimination in employment. The International Labor Organization noted, for example, in the Netherlands, non-Western persons were more likely to work under flexible contracts, had higher rates of youth unemployment, and continued to encounter discrimination in recruitment. The NIHR reported in 2018 that 61 percent of the discrimination in employment claims it received were related to pregnancy. Female unemployment was higher than male, and female incomes lagged behind male counterparts.