Wet toezicht gelijke kansen bij werving en selectie

Law against labor market discrimination rejected: what does this mean?

A recent proposal in the Netherlands for a law against labor market discrimination did not receive approval in the Dutch Senate. But what does this law actually entail, and why did the Senate not agree to it?

What does the law against labor market discrimination entail?

The Law on Supervision of Equal Opportunities in Recruitment and Selection, officially known as this law, was recently passed by the House of Representatives with a large majority. This proposal aims to amend the Working Conditions Act (Arbowet) and the Allocation of Labor by Intermediaries Act (Waadi). The essence was to give the Inspectorate of Social Affairs and Employment (SZW) more control over how employers select employees, thereby promoting equal opportunities in the workplace.

Discrimination in the labor market mainly affects Dutch people with a migration background and older individuals. With this proposal, the government sought to ensure that discrimination in recruitment and selection is no longer tolerated. The government aimed to achieve this by obligating companies to be objective in the recruitment and selection of new personnel. This would be enforced through stricter control by the Inspectorate SZW and sanctions for violators. Furthermore, discriminatory requests must be reported to the Inspectorate SZW.

Why was the law rejected by the Senate?

Although labor market discrimination remains a prominent issue in the Netherlands, the Senate rejected this proposal on March 26, 2024. The rejection stemmed from concerns about its feasibility and enforcement. Some senators believed that the law imposed too many administrative burdens on employers and intermediaries. There were also doubts about the effectiveness of the proposed measures to combat discrimination. As a result, they decided to vote against the law.

It is uncertain if and when the Law against labor market discrimination will be reintroduced for reconsideration. It is expected that the debate on this topic will continue, and further developments will occur in the future.

Impact on the labor market

Social organizations, including Recruiters for Justice, strongly condemned the rejection of the law. They emphasized that discrimination in the labor market is a serious problem that urgently needs to be addressed. Politicians who voted in favor of the law expressed disappointment at the lack of support from their colleagues.

Despite the rejection of the law, there are still alternative solutions to address discrimination in the labor market. These include conducting campaigns, raising awareness, and implementing measures within companies to promote equal opportunities.