Religious Discrimination in the Workplace: Legal Framework and Compensation in the Netherlands

Introduction

Imagine this: an employee is dismissed during their probationary period, not because of their performance, but because they do not shake hands with members of the opposite sex for religious reasons. Or an employee who has performed well for years but is suddenly dismissed after she starts praying during breaks. These are not hypothetical scenarios, but actual court cases that have been brought before the courts in the Netherlands in recent years.

Discrimination in the workplace on the basis of religion is not only morally reprehensible in the Netherlands, but also expressly prohibited by law. Nevertheless, recent case law shows that religious discrimination still occurs in the workplace. Employees who are confronted with this can be awarded substantial damages amounting to tens of thousands of pounds.

In this comprehensive article, we guide you through the legal landscape of religious discrimination in the workplace. We discuss the legal framework, analyse important court cases from 2025, explain how the amount of compensation is determined, and offer practical guidance for both employers and employees. Whether you are an employee wondering if you are experiencing discrimination, an employer who wants to avoid risks, an HR professional, or a legal advisor, this article provides the knowledge you need.

Legal Framework: A Strong Safety Net

The Netherlands has developed a comprehensive legal framework to protect employees from discrimination based on religion or belief. This safety net consists of multiple layers: from constitutional guarantees to specific labour legislation and general civil law provisions. Let’s examine these layers one by one.

Constitutional Protection: Article 1 of the Constitution

Article 1 of the Dutch Constitution forms the foundation of all anti-discrimination legislation in our country. This constitutional guarantee states: “All persons in the Netherlands shall be treated equally in similar circumstances. Discrimination on the grounds of religion, belief, political opinion, race, sex or on any other grounds whatsoever shall not be permitted.”

This article has special legal force. It not only binds the government, but also extends to private law relationships such as employment contracts. Although citizens cannot invoke the article directly against other citizens, it does form the basis for all specific anti-discrimination legislation. Judges regularly refer to Article 1 of the Constitution as the foundation for their decisions in discrimination cases.

General Equal Treatment Act (AWGB): Specific Protection under Labour Law

The AWGB, which came into force in 1994, offers targeted protection against discrimination in various areas of society, including the labour market. The following provisions are crucial for employees who face religious discrimination:

Article 1 AWGB – Definition of prohibited discrimination
This article defines what is meant by discrimination. It distinguishes between direct discrimination (literal unequal treatment) and indirect discrimination (seemingly neutral rules that in practice disadvantage certain groups). It is important to note that in the case of indirect discrimination, objective justification is possible – employers can demonstrate that the discrimination is necessary and proportionate for a legitimate purpose.

Article 7 AWGB – Prohibition of discrimination in employment
This article explicitly prohibits discrimination in all phases of the employment relationship: from the recruitment process to the end of the employment contract. The prohibition applies to discrimination in recruitment, selection, terms of employment, job assignment, promotion and dismissal. This means that an employer may not only make discriminatory decisions, but also ask discriminatory questions during job interviews.

Article 8 AWGB – Right to compensation
This crucial article regulates the right to compensation in the event of a violation of the prohibition of discrimination. It states that anyone who suffers damage as a result of discrimination is entitled to compensation for that damage. This includes both material damage (e.g. lost income) and immaterial damage (e.g. mental suffering). The article often forms the legal basis for claims in discrimination cases.

Civil Code: Additional Protection and Procedures

In addition to the AWGB, the Civil Code (BW) offers additional protection specifically tailored to employment relationships:

Article 7:646 BW – Prohibition of discrimination and burden of proof
This article is a game-changer for employees who suspect discrimination. It explicitly prohibits discrimination in the employment relationship and contains an important reversal of the burden of proof. Normally, the person making an allegation must also prove it. But in cases of discrimination, the employee only has to present facts that could give rise to a suspicion of discrimination. Once that has been done, the employer must prove that there was no discrimination.

Furthermore, this article protects employees who file complaints against reprisals. Paragraph 5 stipulates that an employer may not discriminate on the basis of the fact that an employee has filed a discrimination complaint. This prevents employees from remaining silent about discrimination for fear of retaliation.

Articles 7:681 and 7:682 of the Civil Code – Termination and fair compensation
These articles regulate the termination of employment contracts by the court. Article 7:681 states that no severance pay needs to be paid in the event of termination if there is a serious reason. Article 7:682, on the other hand, stipulates that fair compensation may be awarded in the event of serious culpable conduct on the part of the employer. This is often applied in discrimination cases: discriminatory dismissal is considered seriously culpable, entitling the employee to compensation.

Article 6:106 of the Civil Code – Non-material damages
This article regulates compensation for ‘damage to the person’. This means that someone who suffers non-financial damage (such as psychological injury, damage to honour or reputation) can be compensated for this. In discrimination cases, this article is relevant when, for example, the employee becomes depressed, experiences stress or otherwise suffers psychological damage as a result of the discrimination. The compensation is determined “in accordance with equity” – the court weighs all the circumstances to arrive at a reasonable compensation.

The interplay of the various laws

These various legal provisions work together to provide a solid safety net. An employee can rely on the AWGB to establish discrimination, on Article 7:646 of the Civil Code for the favourable distribution of the burden of proof, on Article 7:682 of the Civil Code for fair compensation for seriously culpable dismissal, and on Article 6:106 of the Civil Code for compensation for immaterial damage. Judges often apply these provisions in combination to achieve full compensation for the employee.

Relevant case law: Case law that sets limits

Laws are important, but it is mainly court cases that show how these laws are applied in practice. In recent years, Dutch case law has made important rulings that clarify where the boundaries lie. Let us take a closer look at three categories of cases that provide insight into how judges deal with religious discrimination in the workplace.

Probationary dismissal due to religious custom: The Handshake case

Case: ECLI:NL:RBDHA:2025:19487 – District Court of The Hague

This ruling received a lot of attention because it concerns a practical situation that occurs regularly in various forms. An employee with an Islamic background worked in a position that involved frequent contact with the public. Due to his religious beliefs, he did not shake hands with persons of the opposite sex, something he had made clear at the start of his employment.

After a few weeks, the employee received a letter of dismissal stating that he had failed his probationary period. The employer gave as the reason that not shaking hands was not appropriate for the position, in which customer contact was essential. The employer argued that customers might feel hurt or rejected as a result.

The court’s consideration

The District Court of The Hague had to answer the following question: Is refusing to shake hands for religious reasons sufficient grounds for dismissal, or is this discrimination?

The court ruled clearly: this was indirect discrimination based on religion. Why indirect? Because the employer did not say “we are dismissing you because you are Muslim” (which would be direct discrimination), but did impose a condition (shaking hands) that specifically affects this group of employees.

In cases of indirect discrimination, an employer may invoke objective justification. The employer must then demonstrate that:

1. The discrimination serves a legitimate purpose
2. The discrimination is appropriate for achieving that aim
3. The discrimination is necessary (there are no less restrictive alternatives)
4. The discrimination is proportionate (the disadvantages do not outweigh the advantages)

The court ruled that the employer had failed to do so. Yes, good customer relations are important. But are they so important that religious beliefs must be set aside? And were there no alternatives, such as instructing the employee to explain why he does not shake hands and to use another, respectful greeting?

The judge’s answer was clear: the employer’s interests did not outweigh the employee’s fundamental right to equal treatment and freedom of religion. The dismissal was discriminatory and seriously culpable.

The compensation awarded: €34,000 gross

The court awarded fair compensation of €34,000 gross. This relatively high compensation was justified by:

• The seriousness of the discrimination (dismissal during the probationary period sends a signal that religious employees are not welcome)
• The loss of income suffered by the employee
• The fact that the employer did not attempt to reach a reasonable solution
• The need to have a deterrent effect (to prevent employers from dismissing religious employees lightly)

Dismissal Related to Religious Beliefs: Praying at Work

Case: ECLI:NL:RBNHO:2025:11085 – District Court of North Holland

This case concerned an employee who had been employed for several years and whose performance had never caused any problems. The employee was a practising Muslim and at one point began using his breaks to pray. He used a quiet room in the company premises for this purpose.

Although this did not seem to cause any problems initially, after a few months the employee was informed that his contract would not be renewed. Various reasons were given during the dismissal interviews, but communications and witness statements revealed that praying during working hours had played a role in the decision.

The judicial assessment

The North Holland District Court applied the so-called “New Hairstyle criteria” – a set of guidelines developed by the Supreme Court for determining fair compensation. The judge considered:

• The loss of income: How much income is the employee no longer earning as a result of the dismissal?
• The length of service: How long had the employee been employed? (In this case, several years, which argues for higher compensation)
• The likelihood of finding other work: How easy is it for the employee to find a new job?
• The offensive nature: How offensive was the discrimination to the employee?

Although the employee had since found other work (which reduced the financial disadvantage), the discriminatory nature of the dismissal weighed heavily. The judge emphasised that praying during breaks is an expression of religious freedom that must be protected, and that the dismissal was therefore particularly hurtful to the employee’s personal dignity.

The compensation awarded: €15,000 gross

The court awarded fair compensation of €15,000 gross. This compensation was lower than in the handshake case, but still substantial. The judge justified this as follows:

• The employee had since found other work, which limited the loss of income
• The discrimination was serious, but less explicit than in other cases
• The employer had not taken an openly discriminatory position, but did act in a discriminatory manner in practice
• Compensation was necessary to redress the injustice and recognise the dignity of the employee

Non-material damage in cases of psychological injury: the long-term consequences

General principles: ECLI:NL:CRVB:2025:845 and ECLI:NL:RBGEL:2025:9594

The Central Appeals Tribunal and various courts have clarified when non-material damages are possible. The most important criterion: there must be objectively ascertainable psychological injury. This means that emotional reactions such as anger, sadness or disappointment are not sufficient in themselves – there must be actual psychological suffering that is medically or otherwise objectifiable.

Examples of objective mental injury:

• Depression, diagnosed by a psychiatrist or psychologist
• An anxiety disorder or PTSD as a result of the discrimination
• Other mental disorders requiring treatment

However, the judges also emphasise that, in exceptional cases, the seriousness of the standards violation may, in itself, be sufficient to award non-material damages, even without a medical diagnosis. This applies in particular to very serious forms of discrimination that deeply affect human dignity.

A serious case: ECLI:NL:RBLIM:2025:8558

In this case, the Limburg District Court awarded non-material damages of no less than €75,000. This very high amount was justified by the fact that the employee had demonstrably suffered serious psychological injury as a direct result of the discrimination.

The employee had:

• Developed depression that required treatment
• Lost his self-confidence and was unable to work for a long period of time
• Had to seek long-term psychological help
• Suffered lasting psychological complaints as a result of the experience

The judge noted that the discrimination was particularly hurtful and that the employer showed no empathy. The fact that the employee was young and had a long future ahead of him in which he would have to live with the consequences also played a role in determining the amount of compensation.

Lessons from case law

These court cases reveal several important patterns:

1. Judges take religious discrimination seriously: Substantial compensation is awarded
2. Objective justification is difficult: Employers rarely succeed in justifying indirect discrimination
3. Probationary dismissal is not a free pass: Discrimination is not permitted during the probationary period either
4. Non-material damage counts: Compensation can be substantial in cases of demonstrable psychological injury
5. Context is important: Judges weigh up all circumstances, such as length of service, severity of discrimination, and consequences for the employee

Amount of compensation: how is it determined?

One of the most practical questions employees and employers ask is: How much can a discrimination case cost? The answer is: it depends on many factors. Let’s examine this in detail.

Components of the compensation: a breakdown

The total compensation for discrimination based on religion is usually made up of various components. Each component has its own legal basis and calculation:

1. Fair Compensation (Section 7:682 of the Civil Code and Section 8 of the AWGB)

This is often the most significant component of the compensation. Fair compensation is intended to compensate the employer for its seriously culpable conduct. It is not a punishment (as in criminal law), but a way of compensating the employee for the injustice done to him or her.

How is it calculated?
There is no fixed formula. Instead, the court weighs up all the circumstances of the case:

• Salary and loss of income: The higher the salary, the higher the compensation will usually be. This is because the loss is greater.
• Length of employment: An employee who has been employed for ten years will usually receive higher compensation than someone who has worked for three months.
• Chance of finding other work: Is the job market favourable for this position? How quickly can the employee find comparable work?
• Severity of the discrimination: Was it explicit, overt discrimination or a more subtle form? How serious was it?
• Age and future prospects: Younger employees have more years ahead of them in which they will experience the consequences.

Calculation example:
An employee earned €3,000 gross per month and worked for the company for five years. After being dismissed on discriminatory grounds, he found new work with a comparable salary after six months. The court may reason: “Six months of lost income = €18,000, plus compensation for the discrimination experienced = a total of €25,000 in fair compensation.”

2. Fixed compensation (Section 7:681 of the Civil Code)

This compensation is equal to the wages the employee would have received during the notice period. The reasoning behind this is that if the employer had wanted to dismiss the employee correctly (without discrimination), they would have had to observe a notice period and pay wages during that period.

How long is the notice period?
This depends on the length of service:

• 0-5 years of employment: 1 month’s notice period for the employer
• 5-10 years: 2 months
• 10-15 years: 3 months
• 15+ years: 4 months

Practical example:
An employee with 7 years of service and a gross monthly salary of €4,000 is entitled to 2 months’ notice. Fixed compensation = 2 × €4,000 = €8,000 gross.

Please note: this compensation is often combined with fair compensation. Some judges combine them, while others treat fixed compensation as part of fair compensation.

3. Non-material compensation (Section 6:106 of the Civil Code)

This is compensation for non-financial damage: psychological suffering, damage to personal dignity, stress, anxiety, and other emotional consequences.

When is this awarded?
There are two routes to non-pecuniary damages:

Route A – Objective mental injury:
The employee must demonstrate that he or she has actually suffered psychological injury. This can be done by:

• Medical statement from a psychologist or psychiatrist (diagnosis such as depression, PTSD, anxiety disorder)
• Treatment programmes and medication
• Statements from a general practitioner
• Expert reports

Route B – Serious breach of standards:
In exceptional cases, the discrimination may be so serious and hurtful that the court will award compensation even without medical evidence. This occurs in cases of:

• Very overt, humiliating discrimination
• Discrimination that was made public
• Particularly hurtful remarks
• Long-term, systematic discrimination

Amount of non-material damages:

• Mild psychological symptoms without treatment: €2,500 – €5,000
• Treated complaints (a few therapy sessions): €5,000 – €15,000
• Serious complaints requiring intensive treatment: €15,000 – €35,000
• Very serious, long-term psychological damage: €35,000 – €75,000+

Points of view in determining compensation: what does the judge take into account?

Judges in the Netherlands are free to determine compensation amounts – there are no fixed tables or formulas. However, case law shows that they consistently consider certain factors:

Factor 1: Severity and culpability of the action

How culpable were the employer’s actions? There are degrees of culpability:

Highly culpable (leads to high compensation):

• Employer knew that discrimination was taking place and did nothing
• Explicitly discriminatory statements
• Employer acted consciously and intentionally in a discriminatory manner
• After confrontation, employer continued to discriminate

Moderately culpable (average compensation):

• Indirect discrimination without malicious intent
• Employer attempted to find a solution but failed
• Ignorance of discrimination prohibitions (but that does not absolve responsibility)

Slightly culpable (lower compensation, rare):

• Employer acted in good faith but made a mistake
• Unforeseen circumstances
• Employer acknowledged mistake immediately and attempted to rectify it

Factor 2: Consequences for the employee

What impact did the discrimination have on the employee’s life?

Financial consequences:

• How long did the unemployment last?
• Did the employee have to accept a lower-paid job?
• Did financial problems arise (debts, having to sell the house)?

Personal consequences:

• Did psychological problems develop?
• Impact on family life?
• Damage to reputation in the industry?
• Loss of self-confidence and career prospects?

Factor 3: Length of employment and future prospects

Long-term employment carries more weight because:

• The employee has invested more in the relationship
• The loss of seniority is more painful
• The bond with colleagues and the organisation was stronger

The future also counts:

• Did the employee have prospects for promotion?
• Did they have a long career ahead of them?
• Was the position temporary (fixed-term contract) or permanent?

Factor 4: Labour market position and chances of finding other work

The judge takes a realistic view of the possibilities:

Favourable labour market (may reduce compensation):

• Many vacancies in the sector
• Employee has sought-after qualifications
• Employee found new work quickly

Unfavourable labour market (increases compensation):

• Few vacancies
• Niche position difficult to replace
• Age plays a role (people over 50 have a harder time)
• Discrimination has damaged reputations, making it more difficult to apply for jobs

Factor 5: Presence of objective justification

Did the employer attempt to provide objective justification?

No attempt at justification: Increases culpability
Attempted justification but unsuccessful: Slight mitigating circumstance
Almost successful justification: May slightly reduce compensation

Factor 6: Deterrent Effect (Prevention)

Judges want to discourage discrimination. That is why they also consider:

• Is the employer large and financially strong? (Larger organisations are sometimes ordered to pay higher compensation because small amounts do not deter them)
• Is this a first incident or a pattern of discrimination?
• Does the case set a precedent in a sector?

Amounts in Recent Case Law: The Practice in Figures

The following picture emerges from recent case law from 2025:

Fair Compensation

• Lower limit: €7,500 – €10,000 (minor cases, short employment, quick re-employment)
• Average: €15,000 – €25,000 (standard discrimination cases with moderate loss of income)
• High: €30,000 – €40,000 (serious discrimination, longer employment, significant loss)
• Exceptionally high: €40,000+ (very serious cases, long-term unemployment, major impact)

Non-material damages

• Without medical injury: €0 – €5,000 (only in cases of very serious violations of standards)
• Mild psychological complaints: £5,000 – £10,000
• Moderate complaints with treatment: £10,000 – £25,000
• Serious psychological damage: £25,000 – £50,000
• Very serious, long-term damage: £50,000 – £75,000

Total compensation (fair + immaterial)

• Practical examples from 2025:
• Handshake case: €34,000 (fair compensation only, no psychological injury established)
• Prayer case: €15,000 (fair compensation, employee quickly found other work)
• Psychological injury case: €75,000 (entirely non-material, severe depression)

Comparison table: Factors and Impact on Compensation

Factor	Low compensation	Average compensation	High compensation
Employment	< 1 year	1-5 years	5+ years
Salary	< £2,500/month	£2,500-£4,000	> £4,000/month
Unemployment	< 3 months	3-9 months	> 9 months
Psychological injury	None	Mild symptoms	Treated diagnosis
Severity of discrimination	Indirect, mild	Open	Very distressing
Age	Young (easy to find new work)	Middle	Older (50+)

Important Nuances

Compensation is tailored to each case
No two cases are the same. A judge may award high compensation in a case involving short-term employment if the discrimination was particularly serious. Conversely, long-term employment may result in low compensation if the employee immediately found very well-paid work.

Compensation, not a lottery
Judges always emphasise that compensation is intended to compensate for the actual loss and suffering suffered, not to make employees ‘rich’. The compensation payments are substantial, but not a fortune.

Litigation risks
It is important to realise that these amounts are only awarded after legal proceedings. These proceedings take time (6-18 months), energy, and involve litigation risks. Employees must carefully consider whether legal proceedings are worthwhile.

Important Considerations from Case Law: Legal Nuances that Make a Difference

Over the years, case law has developed a number of important principles that are crucial to understanding religious discrimination cases. These principles guide judges in assessing new cases.

Objective Justification: A High Bar

One of the most discussed concepts in discrimination cases is “objective justification”. This is the escape clause for employers: even if there is indirect discrimination, it may still be permissible if the employer can demonstrate objective justification.

The four requirements for objective justification

In ECLI:NL:RBDHA:2025:19487, the District Court of The Hague clearly set out what is required for successful objective justification. An employer must demonstrate that:

1. A legitimate aim is pursued
   The purpose must be objectively justified. Examples of legitimate purposes:

• Safety in the workplace
• Hygiene in the medical or food sector
• Appropriate clothing when in contact with customers
• Protection of the rights and freedoms of others

Not legitimate objectives:

• “It doesn’t fit with our corporate culture”
• “Other employees find it strange”
• “We’ve always done it this way”
• Economic reasons alone (cost savings)

1. The means must be suitable for achieving the objective
   There must be a logical, causal link between the measure and the intended objective.

Example of a suitable means: In a hospital, surgeons may be required to wear certain clothing during operations because this demonstrably contributes to hygiene and safety.

Example of an inappropriate means: A general ban on religious clothing in an office on the grounds of “professionalism” is not appropriate, because professionalism is not determined by clothing choices but by behaviour and performance.

3. The measure must be necessary
   This is the proportionality test: are there no less restrictive alternatives? The employer must demonstrate that there was no other option that would have been less restrictive of religious freedom.

Practical questions asked by judges:

• Are there other ways to achieve the same goal?
• Is it possible to make exceptions for religious reasons?
• Can the problem be solved by adjusting the work schedule or task allocation?

Real-life example: If an employee cannot work on Friday afternoons for religious reasons, dismissal is not necessary if the schedule can be adjusted.

4. There must be proportionality
   The disadvantages for the employee must not outweigh the advantages for the employer. This is the ultimate consideration.

Assessment schedule:

• How important are the employer’s interests? (safety outweighs aesthetic preferences)
• How important is religious freedom to the employee? (core aspects of faith outweigh peripheral customs)
• What are the practical consequences of both options?

Why do employers so rarely succeed in this justification?

Case law shows that judges are very critical. The reasons:

1. Employers underestimate the burden of proof: They think that vague references to “customer focus” or “business interests” are sufficient. This is not the case. Solid evidence is required.
2. No alternative scenarios investigated: Employers dismiss employees immediately, without investigating whether adjustments are possible.
3. Own interests are overestimated: What may seem like an important business interest to the employer is sometimes considered secondary by judges.
4. Underestimation of fundamental rights: Religious freedom is a fundamental right. Business interests cannot simply override it.

Successful example (hypothetical):
A defence company requires employees in sensitive locations not to wear visible religious symbols because this could jeopardise safety when deployed in conflict areas. If this is substantiated by safety reports and limited to specific functions, it may constitute objective justification.

Compensation, Not Punishment: The Nature of Fair Compensation

An important legal nuance that is often misunderstood: fair compensation is intended as compensation, not punishment.

What does this mean in practice?

For employees:

• The compensation is intended to compensate for loss and suffering, not to get rich
• You will not receive extra money because the employer needs to be “punished”
• The compensation must be reasonably proportionate to the damage suffered

For employers:

• The compensation is not a fine or punishment in the criminal law sense
• No punitive damages are awarded (as sometimes occurs in the US)
• However, the deterrent effect is taken into account, which may lead to higher amounts

Judges strike a balance:
On the one hand, compensation for the victim; on the other hand, compensation that is high enough to discourage future discrimination. This explains why compensation payments are sometimes higher for large, wealthy employers than for small businesses – a compensation payment of €10,000 does not deter a multinational, but it does deter a small family business.

Quote from case law (ECLI:NL:RBDHA:2025:19487):
“Fair compensation is intended as compensation for the seriously culpable conduct of the employer, not as a punishment. However, all circumstances of the case are taken into account in order to arrive at an appropriate compensation that does justice to the injustice suffered.”

Requirements for Non-Material Damage: Evidence is Essential

The Central Appeals Tribunal and the Council of State have drawn a clear line: more than just grief or anger is required for non-material damages.

The two routes to compensation for immaterial damage

Route 1: Objectively determinable mental injury

This is the main rule. The employee must demonstrate that psychological injury has actually occurred. What is sufficient?

Medical evidence:

• Statement from the treating psychiatrist or psychologist
• Diagnosis in accordance with DSM-5 (depression, anxiety disorder, PTSD, adjustment disorder)
• Medical file with treatment plan
• Prescribed medication (antidepressants, anxiolytics)

What is NOT sufficient:

• Just a statement that you feel sad or angry
• General complaints without professional diagnosis
• Statements from friends or family (“he is very upset about it”)
• Your own assessment without medical evidence

Practical tip for employees: If you experience psychological symptoms after discrimination, seek professional help. This is not only good for your health, but also necessary if you want to claim non-material damages later on.

Route 2: Severity of the violation

This is the exception to the main rule. In very exceptional cases, the discrimination may be so serious that the court will award non-material damages even without medical evidence.

When is this applied?:

• Particularly humiliating discrimination in public
• Discrimination combined with insults or threats
• Systematic, long-term discrimination
• Discrimination that has attracted public attention and caused reputational damage

Quote from case law:
The Central Appeals Tribunal states in ECLI:NL:CRVB:2025:845: “For non-material damages to be awarded, there must be objectively ascertainable mental injury, or the nature and severity of the violation of standards must justify the compensation.”

The duty to state reasons: transparency is required

In ECLI:NL:HR:2020:955, the Supreme Court emphasised that judges must transparently justify their decision on the amount of fair compensation.

What does this mean?

Judges cannot simply pluck an amount out of thin air. They must explain:

• Which circumstances they have taken into account
• Why certain factors carry more weight than others
• How they arrived at the specific amount
• Why similar cases are or are not relevant

For solicitors and litigants:
This means that you can appeal on the grounds that the judge did not sufficiently justify why a certain amount was awarded. If the reasoning is unclear or contradictory, the Supreme Court may refer the case back.

Example of good reasoning:
“The court sets the fair compensation at €28,000. This takes into account: (1) the gross monthly salary of €3,500, (2) the length of employment of 6 years, (3) the unemployment period of 8 months, (4) the seriously culpable nature of the discriminatory dismissal, (5) the lack of any objective justification, and (6) the need for a deterrent effect.”

Example of inadequate reasoning:
“The court considers fair compensation of €20,000 to be appropriate.” (Too vague, no substantiation)

Burden of proof: A crucial advantage for employees

Article 7:646 of the Civil Code contains one of the most important provisions for employees: the reversal of the burden of proof.

How does this work in practice?

Step 1 – Employee presents facts:
The employee only needs to present facts that could suggest discrimination. This is a low threshold.

Examples of sufficient facts:

• “My employer said in an email: ‘We prefer not to have employees praying in the office'”
• “I was dismissed shortly after I started wearing a headscarf.”
• “During performance reviews, my religious practices were repeatedly discussed in a negative manner.”
• “Colleagues who do not pray were promoted, but I was not, despite my better performance.”

Step 2 – Burden of proof shifts to employer:
Once the employee has presented sufficient facts, the employer must prove that there was no discrimination.

What must the employer demonstrate?:

• That there was another, legitimate reason for the decision
• That the religious factor did not play a role
• That the decision was objectively justified

Why is this so important?

Discrimination is usually difficult to prove – employers do not literally write ‘you are being dismissed because you are Muslim’. However, due to the burden of proof, the employee only has to demonstrate that discrimination played a role. The employer must then prove that this was not the case.

Practical tip for employees:
Gather evidence: emails, app messages, witness statements from colleagues, notes from conversations. Even if the evidence is not 100% conclusive, it may be sufficient to shift the burden of proof.

Practical implications for employers: from risk to opportunity

Religious diversity in the workplace is not a problem that needs to be ‘solved’, but a reality that requires a well-thought-out policy. Employers who handle this properly not only create a legally secure situation, but also an inclusive working environment that attracts and retains talent.

Prevention: Prevention is Better than Cure

The best way to prevent discrimination cases is to implement proactive policies. Here are concrete steps employers can take:

1. Develop a Clear Diversity and Inclusion Policy

What should it include?

A good policy should include at least the following:

• General principles: Recognition of religious diversity as a value
• Concrete standards: What behaviour is/is not acceptable
• Procedures: How religious wishes are handled
• Complaints procedure: Where can an employee turn in case of discrimination
• Sanctions: What happens in the event of a violation

Practical example of policy text:

“At [Company name], we respect the religious and philosophical beliefs of all our employees. We recognise that these beliefs are an essential part of a person’s identity. Employees are allowed to express their faith by wearing religious clothing or symbols, provided this does not compromise safety or hygiene. We work together to find workable solutions for religious obligations such as prayer times, fasting or holy days. Discrimination on the basis of faith will not be tolerated and may result in disciplinary measures, including dismissal.”

Pitfall to avoid:
Do not make the policy too strict or restrictive. A policy that states “religious expressions are limited to personal spaces” can easily be discriminatory. A better approach is: “we facilitate religious expressions within reasonable limits.”

2. Train Management and HR in Religious Diversity

Why training is essential:

Much discrimination does not arise from malicious intent, but from ignorance. Managers often do not know:

• What different religions entail and what their core obligations are
• How to discuss religious wishes
• What is and is not legally permissible
• How to resolve conflicts between religious requirements and business interests

Topics for training programmes:

Basic religious knowledge:

• Major world religions and their practices
• Common religious obligations (prayer, fasting, dress codes)
• Religious holidays and their significance

Legal aspects:

• What is discrimination (direct and indirect)
• Burden of proof in discrimination cases
• Objective justification: when is discrimination permissible
• Recent case law and lessons learned

Practical skills:

• Conducting discussions about religious requirements
• Seeking reasonable accommodation
• Dealing with tensions between employees over religion
• Documentation and administration in religious matters

Training format:
Mix of theory, case studies and role-playing. Let managers practise difficult conversations such as: “An employee asks for every Friday afternoon off for prayer – how do you respond?”

3. Make reasonable accommodations for religious practices

The concept of “reasonable accommodation” comes from American legislation, but is also relevant in the United Kingdom when seeking solutions.

Examples of reasonable accommodations:

For prayer obligations:

• Flexible breaks so that employees can pray
• Provision of a quiet space
• Adjustment of working hours or schedules

For dress codes:

• Permitting headscarves, turbans, skullcaps or crosses
• Adjustment of uniforms (e.g. looser fit for tall clothing)
• Exceptions to the dress code where safety permits

For religious holidays:

• Flexible leave arrangements
• Option to swap with colleagues
• Unpaid leave if regular leave days have been used up

For dietary requirements:

• Halal or kosher options in company catering
• Consideration for fasting during team activities
• Alternatives to alcohol at company drinks parties

The test: Is an adjustment reasonable?

An adjustment is reasonable if:

• The costs are proportionate (not excessive)
• Operations are not seriously disrupted
• Other employees are not disproportionately burdened
• Safety and hygiene are guaranteed

An adjustment is unreasonable if:

• Other employees are given substantially more work
• Essential business functions cannot continue
• Safety is compromised
• Costs are extremely high in relation to the size of the business

Practical example – Reasonable:
A Muslim employee wishes to pray on Fridays from 12:30 to 13:15. The employer adjusts the schedule so that other colleagues man the telephone during that time. These colleagues are given a little more time at another point in the day. Costs: nil. Disruption: minimal. Conclusion: reasonable adjustment.

Practical example – Potentially unreasonable:
An employee in a 24/7 production company refuses to work night shifts for religious reasons. Due to the small team, this means that three other employees have to work night shifts permanently. Other employees complain. In this case, the employer may be able to demonstrate that the adjustment is unreasonably burdensome for others – but note: alternative solutions must first be explored (e.g. hiring additional staff, splitting day/night shifts).

4. Apply objective job requirements that do not indirectly discriminate

The problem with seemingly neutral requirements:

Some job requirements appear neutral, but disproportionately affect certain religious groups. This is called “indirect discrimination”. Examples:

Problematic requirements:

• “Employees are not allowed to wear head coverings” (affects Muslim women, Sikhs, Jewish men)
• “Must be available between 9:00 a.m. and 5:00 p.m. every day” (may conflict with religious obligations)
• “Mandatory company drinks with alcohol” (affects Muslims, some Christians)
• “Shaking hands is mandatory when greeting someone” (affects some orthodox Muslims and Jews)

How can you prevent indirect discrimination?

For each job requirement, ask the question:

1. Is this requirement really necessary for the job, or is it tradition/custom?
2. Would this requirement disproportionately affect certain religious groups?
3. Are there alternatives that achieve the same goal without discrimination?

Example of objective reformulation:

Incorrect: “Employees must be dressed appropriately; head coverings are not permitted.”

Correct: “Employees wear neat, professional clothing. Religious clothing and symbols are permitted, provided that the overall appearance is neat and professional. Specific safety regulations apply in production areas, where restrictions may apply for safety reasons.”

5. Document Decisions Carefully

Why documentation is crucial:

In a discrimination case, the burden of proof shifts to the employer. They must demonstrate that there was no discrimination. Good documentation is your lifeline.

What should you document?

In recruitment procedures:

• Objective selection criteria established in advance
• Scoring forms for all candidates
• Notes from job interviews
• Reasons why a candidate was/was not hired

For performance reviews:

• Specific examples of performance (good and bad)
• Agreements and targets
• Areas for improvement that were discussed
• No references to religion (unless relevant and objective)

In the case of disciplinary measures:

• Precise description of the behaviour that is problematic
• Previous warnings
• Opportunity to be heard
• Objective justification for the sanction

What you should NOT document:

Avoid in documentation:

• Comments about someone’s religion that are not relevant
• Subjective impressions (“I find it strange that…”)
• Assumptions about religious groups (“Muslims are probably…”)
• Negative statements about religions in general

Golden rule: Do not write anything that you would not want to read aloud in court.

Risks: What Could It Cost?

Employers who discriminate run considerable risks. Let’s take a realistic look at these.

Financial risks

Direct costs:

• Fair compensation: £15,000 – £40,000+ (depending on the case)
• Fixed compensation: 1-4 months’ salary (depending on length of service)
• Non-material damages: €0 – €75,000 (for psychological injury)
• Legal costs: €5,000 – €15,000 (own solicitor)
• Legal costs reimbursement: £3,000 – £8,000 (other party’s solicitor in case of loss)

Total in an average case: £25,000 – £60,000

Total in a serious case: £60,000 – £120,000+

Indirect costs:

• Time spent by management and HR on procedures (hundreds of hours)
• Absenteeism and reduced productivity during conflict
• Potential costs of interim replacement
• Preventive measures afterwards (training, policy review)

Reputational damage

In the digital age, a discrimination case can cause significant reputational damage:

Media attention:

• Local or even national coverage
• Social media storm
• Negative reviews on Glassdoor or Indeed
• Reduced attractiveness to talented applicants

Customer reactions:

• Consumer boycotts
• Loss of contracts with customers who value diversity
• Negative impact on brand and image

Internal effects:

• Reduced confidence among current employees
• Increased staff turnover
• Difficulties in recruitment
• Negative atmosphere and culture

Practical example:
A retail company dismissed an employee for wearing a headscarf. The case was reported in the local media. Online reviews dropped from 4.2 to 2.8 stars. The company had to launch an expensive reputation repair programme and saw job applications drop by 40%.

Legal prosecution risks

A discrimination case can have a domino effect:

• Other (former) employees who also felt discriminated against file complaints
• The Inspectorate SZW may launch an investigation into discrimination within the company
• The Netherlands Institute for Human Rights may issue a broader ruling
• In extreme cases: criminal prosecution under Article 429quater of the Criminal Code (discrimination as a criminal offence)

From Risk to Opportunity: The Business Case for Inclusivity

Let’s turn the mindset around. Managing religious diversity well is not just risk management, it offers concrete benefits:

Benefit 1: Larger talent pool
By being open to religious diversity, you attract talent from groups that do not feel welcome elsewhere. In a tight labour market, this is a competitive advantage.

Benefit 2: Increased innovation
Diverse teams demonstrably perform better in terms of innovation. Different perspectives lead to creativity.

Benefit 3: Better market position
A diverse workforce helps you to better understand and serve diverse customer groups.

Advantage 4: Stronger employer brand
Companies that are known for being inclusive have less difficulty recruiting and retain staff better.

Advantage 5: Compliance and risk reduction
Proactive policies prevent costly legal proceedings and reputational damage.

Practical Checklist for Employers

□ Diversity and inclusion policy drawn up and communicated
□ Management and HR trained in religious diversity
□ Complaints procedure for discrimination available and known
□ Job requirements assessed for possible indirect discrimination
□ System for religious accommodation (leave, breaks, etc.)
□ Neutral space available for prayer or reflection
□ Application procedures assessed for objectivity
□ Documentation of decisions in order
□ Regular evaluation of diversity policy
□ Contact with diversity networks or consultants if questions arise

Practical Implications for Employees: Your Rights and Options

As an employee who experiences or suspects religious discrimination, it is important to know your rights and what steps you can take. This section offers practical guidance.

Burden of Proof: Your Advantage in Legal Proceedings

As discussed earlier, Article 7:646 of the Civil Code regulates the burden of proof in a way that helps employees.

How Does the Burden of Proof Work in Practice?

Phase 1: You present the facts

You do not need to provide watertight evidence that discrimination took place. It is sufficient to present facts that may suggest discrimination. This is a relatively low threshold.

What are “facts that may suggest discrimination”?

Direct evidence:

• Emails, app messages or letters in which your religion is spoken of negatively
• Witnesses who have heard discriminatory statements
• Reports of conversations in which your religion was discussed
• Comments in the workplace about your religious practices

Indirect evidence:

• Timing: dismissal shortly after starting religious practices (wearing a headscarf, praying, etc.)
• Pattern: other employees with similar roles and performance are promoted/retained
• Change: sudden negative evaluations after your religion became visible
• Inconsistency: other employees are allowed to deviate from rules, but you are not

Practical example:

Sufficient for shift in burden of proof:
“I worked at the company for three years with good reviews. After returning from holiday, I wore a headscarf. Within two weeks, I received a warning for ‘unrepresentative appearance’. A month later, I was dismissed for ‘not fitting into the corporate culture’. Colleagues testify that my manager said, ‘We don’t want headscarves in the workplace.'”

This is more than enough to shift the burden of proof. The employer must now prove that the headscarf did not play a role.

Phase 2: Employer must prove that no discrimination took place

After you have presented your facts, the employer must provide hard evidence that:

• There was another, legitimate reason for the decision
• Your religion did not play a role in the considerations
• The decision was objectively justified

If the employer cannot prove this convincingly, the court will rule that discrimination took place.

Tips for gathering evidence

Do the following:

1. Document everything

• Take notes of conversations (date, time, attendees, what was said)
• Save all emails, app messages, letters
• Take screenshots of social media messages
• Collect performance reports, assessments, contracts

1. Find witnesses

• Colleagues who heard discriminatory remarks
• Others who witnessed similar treatment
• Ask them if they are willing to make a statement (written statements are stronger)

1. Create timelines

• When did religious practices start to become visible?
• When did the treatment change?
• What happened when?

1. Request written confirmation

• If something is said verbally, ask for written confirmation
• Send an email yourself: “To confirm our conversation today…”

Do not do this:

1. No clandestine recordings without permission (legally problematic)
2. Do not lie or distort facts (undermines credibility)
3. Do not become confrontational or aggressive (can work against you)
4. Do not wait too long to document (memory fades)

Legal protection: Where can you turn?

If you experience discrimination, there are various ways to assert your rights.

Route 1: Netherlands Institute for Human Rights

What is the Board?

The Netherlands Institute for Human Rights is an independent organisation that investigates complaints about discrimination and issues a ruling on them.

Advantages:

• Free and accessible
• No solicitor required
• Relatively quick (3-6 months)
• Ruling is authoritative (often followed by judges)

Disadvantages:

• Ruling is not legally binding
• Board cannot award damages
• Employer can ignore the ruling (although this damages their reputation)

When to choose the Board?

• You first want clarity on whether discrimination took place
• You want to confront the employer without immediately taking legal action
• You do not have the funds to hire a solicitor
• The discrimination is clear but the damage is limited

How does the procedure work?

1. Submit a complaint via the website (www.mensenrechten.nl)
2. The Board asks both parties for information
3. Investigation and assessment
4. The decision is published

Route 2: Civil proceedings before the court

What does this entail?

You initiate legal proceedings against your employer in the magistrates’ court (part of the court system) to claim damages.

Advantages:

• The judge can award damages
• The judgement is legally binding
• If you win, your employer will pay (part of) your legal costs
• Strong position due to burden of proof

Disadvantages:

• Costs money (lawyer required, €5,000-€15,000)
• Takes longer (6-18 months)
• Emotionally stressful
• Litigation risk (although this is limited in cases of discrimination)

When to opt for civil proceedings?

• You have suffered considerable damage (financial or psychological)
• You want a binding ruling and compensation
• You have strong evidence
• Your employer stubbornly denies discrimination

Step-by-step plan for civil proceedings:

1. Find a solicitor: Specialised in employment law/discrimination
2. Prepare your claim: Gather evidence, calculate damages
3. Letter of demand: Solicitor sends letter with claim
4. Summons: If employer does not settle, issue summons
5. Proceedings: Exchange of documents, hearing
6. Judgment: Judge issues ruling (appeal possible)

Costs and litigation financing:

• Own solicitor: £5,000-£15,000
• Court fees: €128 (2025)
• If you win: employer pays part of your costs
• Legal expenses insurance often covers proceedings
• Some solicitors work on a “no cure no pay” basis (only pay if you win)
• Addition: if you are on a low income, the government will finance your solicitor

Route 3: Submit a complaint to the Inspectorate SZW

What does the Inspectorate SZW do?

The Inspectorate SZW enforces labour laws, including anti-discrimination laws. If there are complaints about discrimination, the Inspectorate can start an investigation into the employer.

Advantages:

• Free
• Government takes over investigation
• May result in fines for employer
• Signal to employer that it is serious

Disadvantages:

• You will not receive any compensation yourself
• Inspectorate decides whether to take action (not mandatory)
• May take a long time
• Limited influence on the outcome

When?

• In addition to other routes (can be combined)
• In cases of structural discrimination (multiple employees)
• As a deterrent

Route 4: Requesting termination of employment contract

What does this entail?

You ask the subdistrict court to terminate your employment contract due to serious culpable conduct on the part of the employer (discrimination). The court may also award compensation.

Advantages:

• You are released from the employment relationship (if it is untenable)
• Can be combined with a claim for damages
• Relatively quick procedure (2-4 months)

Disadvantages:

• You will be unemployed afterwards (unless you already have a new job)
• Tension between wanting termination and demanding high compensation

When?

• The work situation has become untenable
• You have a new job or good prospects
• You mainly want to leave; compensation is secondary

Route 5: Through the trade union

If you are a member of a trade union, it can assist you:

What does the trade union do?

• Legal advice and guidance
• Negotiating with your employer
• Initiating legal proceedings if necessary (paid for by the union)

Benefits:

• Free legal assistance for members
• Experience with labour disputes
• Bargaining power

Please note: Not all unions have the same level of experience with discrimination cases. Ask about previous experiences.

Protection against reprisals

Article 7:646(5) of the Civil Code offers crucial protection: an employer may not disadvantage you because you have filed a complaint about discrimination.

What does this mean?

If you file a discrimination complaint (with your employer, the Board, a court, or the Inspectorate), your employer may not:

• Dismiss you
• Demote you
• Give you a worse performance review
• Transfer you against your will
• Disadvantage you in any other way

What if this happens anyway?

This is a new form of discrimination (victimisation). You can claim additional compensation for this. Judges take victimisation very seriously – it undermines the entire complaints system.

Practical tip:
Make it clear in your complaint that you are aware of this protection. For example: “I am submitting this complaint and refer to Article 7:646(5) of the Civil Code, which offers protection against disadvantage due to this complaint.”

Time limits and limitation periods

Pay attention to time limits!

• Discrimination claim: Expires after 5 years (Section 3:310 of the Civil Code)
• Wage claims: Expires after 5 years
• Severance pay: Must be claimed within a reasonable period after dismissal

Practical rule of thumb: Take action within 6 months of the discrimination or dismissal. The longer you wait, the more difficult it becomes to demonstrate that the discrimination is still affecting you and causing damage.

Sample calculation: What can you claim?

Let’s calculate a realistic case.

Situation:

• Salary: £3,200 gross per month
• Length of service: 6 years
• Dismissed for refusing to shake hands on religious grounds
• Unemployment: 7 months before finding new work (same salary)
• Psychological complaints: 4 months of therapy, diagnosis of adjustment disorder

Calculation of possible compensation:

Fair compensation:

• Loss of income: 7 × £3,200 = £22,400
• Adjustment for unemployment benefit (70%): £22,400 – £15,680 = £6,720 net loss
• Surcharge for culpability: +£10,000
• Surcharge for length of service (6 years): +£5,000
• Deterrent effect: +£3,000
• Subtotal fair: £24,720 (rounded: £25,000)

Fixed compensation:

• Notice period at 6 years: 2 months
• 2 × €3,200 = €6,400
• Subtotal fixed: £6,400

Intangible damage:

• Psychological complaints with diagnosis
• 4 months of therapy
• Moderate severity
• Subtotal immaterial: €10,000

Total claimable amount: €41,400 gross

If the court awards your claim, you will receive (after deduction of legal costs, which will be partially reimbursed by your employer) approximately €35,000-€38,000 net.

Step-by-step plan: What to do in case of discrimination

Step 1: Document the discrimination (immediately)

• Note down facts, dates, people involved
• Keep communication
• Find witnesses

Step 2: Report internally (within 1 week)

• Complaint to HR or confidential advisor
• Confirm in writing

Step 3: Await response (2 weeks)

• Employer must respond
• Serious handling expected

Step 4: External advice (if internal resolution is not possible)

• Consult trade union
• Or free consultation with an employment lawyer
• Or call the Netherlands Institute for Human Rights

Step 5: Formal steps (depending on advice)

• Human Rights Commission
• And/or civil proceedings via solicitor
• And/or Inspectorate SZW

Step 6: Take care of yourself

• For mental health issues: general practitioner/psychologist
• Build a support network
• Realistic expectations

Frequently asked questions from employees

“Do I have to report discrimination internally first?”

Legally: no, it is not mandatory. Practically: often wise, because:

• It gives the employer a chance to rectify the situation
• It shows that you are acting reasonably
• Increases the chance of a favourable settlement
• The court will appreciate that you first tried the internal route

“Can I be dismissed if I file a discrimination complaint?”

No, that is prohibited (Section 7:646(5) of the Civil Code). If this does happen, it constitutes a new form of discrimination.

“How long does a discrimination case take?”

• Netherlands Institute for Human Rights: 3-6 months
• Civil proceedings: 6-18 months (depending on complexity and whether an appeal follows)

“What if I don’t have enough money for a solicitor?”

Options:

• Legal expenses insurance (if you have it)
• Trade union (if you are a member)
• Legal aid (funded by the government for those on low incomes)
• No cure no pay solicitors (only pay if you win)
• Free consultation hours with solicitors or legal advice centres

“Can I keep my job and still complain about discrimination?”

Legally: yes. Practically: difficult. The employment relationship is often damaged by a complaint. Consider whether you want to repair the relationship or would rather leave with compensation.

“My employer denies everything. Do I still have a chance?”

Yes! Due to the burden of proof, you only need to present facts that suggest discrimination. The employer must then prove that this was not the case. Many employers fail to do so.

Emotional aspects: it’s not just about money

Discrimination is not only financially damaging, but also emotionally damaging. It affects your dignity, identity and sense of security. Legal proceedings can help, but they can also be stressful.

Where can you go for emotional support?

• Your general practitioner (who can refer you to a psychologist)
• Religious community
• Family and friends
• Discrimination reporting centres (sometimes also offer emotional support)
• Victim Support Netherlands

Important message: You are not alone. Discrimination is prohibited, and you are entitled to legal redress and recognition of the injustice that has been done to you.

Conclusion: A protected right with real consequences

Discrimination in the workplace on the basis of religion is not only morally reprehensible in the Netherlands, but also expressly prohibited by law. The legislation, supported by consistently applied case law, offers employees a solid network of protection. Employers who violate this protection face significant financial and reputational consequences.

Key Insights from This Article

1. The legal framework is clear and strict

The Netherlands has developed a multi-layered system of protection, from the Constitution to specific labour legislation. The General Equal Treatment Act (AWGB) and Article 7:646 of the Civil Code together form a powerful set of tools for employees. The burden of proof works in favour of employees: they only have to present facts that could suggest discrimination, after which the employer must prove that there was no discrimination.

2. Damages are substantial

Case law from 2025 shows that judges take religious discrimination seriously. Fair compensation varies between €15,000 and €34,000, with peaks of up to €75,000 in cases of serious psychological injury. These amounts are determined on the basis of all the circumstances of the case, with particular emphasis on the seriousness of the discrimination, the loss of income and the personal consequences for the employee.

The components of compensation include:

• Fair compensation for serious culpable conduct
• Fixed compensation equal to wages during the notice period
• Non-material compensation for demonstrable psychological injury

3. Objective justification is a high threshold

Employers who indirectly discriminate (for example, through rules that disproportionately affect religious groups) can invoke objective justification. However, case law shows that judges are very critical. The employer must demonstrate that the distinction serves a legitimate purpose, is appropriate and necessary to achieve that purpose, and is proportionate. In practice, employers rarely succeed in this.

4. Prevention is essential for employers

Employers who want to prevent discrimination must invest in:

• Clear diversity and inclusion policies
• Management and HR training
• Reasonable accommodations for religious practices
• Objective job requirements without indirect discrimination
• Careful documentation of decisions

The costs of prevention are negligible compared to the costs of a discrimination case, which can easily amount to £25,000-£60,000, excluding reputational damage.

5. Employees have multiple routes

Employees who experience discrimination can choose from various legal remedies:

• Netherlands Institute for Human Rights (accessible, free of charge, non-binding judgement)
• Civil proceedings before the court (binding judgement, compensation possible)
• Inspectorate SZW (government enforcement)
• Termination of employment contract with compensation

Protection against reprisals (Section 7:646(5) of the Dutch Civil Code) prevents employers from disadvantaging employees for filing a complaint.

Social Context: Why This Remains Important

The Netherlands is an increasingly diverse country with employees from different religious and philosophical traditions. Islam, Christianity, Judaism, Hinduism, Buddhism and other religious movements are all represented in the workplace. This diversity is enriching, but it also requires awareness and accommodation.

Religious freedom is a fundamental right protected by the Constitution, the European Convention on Human Rights (ECHR), and international treaties. It is not only a Dutch principle, but a universal human right. Employers who respect this right contribute to a just and inclusive society.

Trends and Developments

Growing awareness

There is growing awareness – among both employers and employees – of religious discrimination. The Netherlands Institute for Human Rights reports a steady increase in complaints about religious discrimination, indicating that employees are becoming more aware of their rights and are more likely to take action.

Refinement of case law

Judges are developing increasingly detailed criteria for assessing discrimination cases. Recent case law from 2025 shows that judges are taking a nuanced view of the balance between business interests and religious freedom, with more attention being paid to reasonable accommodation and proportionality.

European influence

European case law (particularly that of the Court of Justice of the European Union) also influences Dutch practice. Cases concerning headscarves, religious holidays and other issues are assessed in part on the basis of European standards. This ensures harmonisation, but also the continuous development of the law.

Intersectionality

There is increasing attention to the intersection between different grounds for discrimination. Religious discrimination can go hand in hand with discrimination based on ethnicity, gender, or other characteristics. Judges and policymakers are increasingly recognising these complex dynamics.

Call to Action

For employers:
Do not view religious diversity as a problem, but as an opportunity. Invest in policies, training and a culture that promote inclusivity. This not only prevents legal risks, but also makes your organisation more attractive to talent and better prepared for a diverse market.

For employees:
Know your rights and dare to stand up for your religious freedom. You do not have to accept discrimination. There are legal resources and organisations that can support you. Document discrimination and seek advice in a timely manner.

For HR professionals and managers:
You play a crucial role in creating an inclusive work environment. Continue to learn about different religious traditions, develop empathy, and seek creative solutions that respect both business interests and religious freedom.

For solicitors and legal professionals:
Stay up to date with legal developments. Discrimination law is dynamic and requires continuous education. Share your knowledge and help both employers and employees understand their rights and obligations.

Concluding Thought

Religious discrimination in the workplace is a violation of fundamental rights and human dignity. Dutch legislation and case law take this seriously and offer robust protection. At the same time, it is up to all of us – employers, employees, policymakers, legal professionals – to contribute to a culture in which religious diversity is not only tolerated but valued.

A society in which people can be themselves, regardless of their faith or beliefs, is not only fair but also more productive, innovative and liveable. Let’s work together to create workplaces where everyone feels welcome and respected.

Frequently Asked Questions

“Is this information up to date?”
This article is based on case law from 2025 and current Dutch legislation. However, the law is constantly evolving. For specific cases, always consult a specialist employment lawyer.

“Does this also apply to small businesses?”
Yes, the prohibition of discrimination applies to all employers, regardless of size. However, the financial capacity of the company may play a role in determining compensation.

“What if my employer is based abroad but I work in the Netherlands?”
Dutch employment law applies if you work in the Netherlands, regardless of where your employer is based.

“Can I file a complaint anonymously?”
You can sometimes obtain information anonymously from the Netherlands Institute for Human Rights, but your identity is required for a formal complaint. In civil proceedings, your identity is always known.

“What if my discrimination case is reported in the media?”
This can happen in high-profile cases. Discuss with your solicitor how to deal with this. Media attention can put pressure on your employer, but it can also affect your privacy.

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Do you have any questions or would you like advice?

• Netherlands Institute for Human Rights: www.mensenrechten.nl / 030-888 3888
• Legal Desk: www.juridischloket.nl / 0900-8020
• Discrimination Hotline: varies per municipality

Are you seeking legal assistance?

Consult an employment lawyer who specialises in discrimination cases. Many lawyers offer a free initial consultation.

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