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Gender in the workplace
Two different discussions have been merged in the workplace: the classical debate about the position of women (pay, career progression, combining work and care) and the more recent debate about gender identity and self-identification. Lumping both topics together under the heading of "gender" regularly leads to confusion and to policies that do not always serve women's interests.
The position of women
In the Netherlands women earn on average less than men and are under-represented in top positions. Statistics Netherlands (CBS) publishes on this annually. A considerable share of the difference can be explained by sector, part-time factor and unpaid care duties, not by direct discrimination. A residual portion remains unexplained. Effective policy requires a sober analysis of the actual causes instead of automatic attribution to "structural sexism".
Quotas and target figures
Since 2022 the Act on the management and supervision of legal persons obliges listed companies to set a target figure for women in top positions. Supporters see this as a necessary correction; critics point to the risk that suitable candidates are passed over on the grounds of sex, and that the discussion of quality and suitability is avoided. Both positions are legitimate.
Transgender and non-binary employees
Transgender employees more often report discomfort in the workplace. A good employer protects every employee against discrimination and harassment; that goes without saying. At the same time there is a growing set of demands around language, pronouns and facilities that goes beyond protection against discrimination and touches on the freedom of others.
Mandating certain pronouns or including pronoun statements in email signatures is not a matter of politeness but of compelled speech: colleagues are asked to agree linguistically with a specific view on gender identity. Employers do well to distinguish between treating employees respectfully (mandatory) and requiring agreement with a specific view on gender (not a reasonable employer demand).
Self-identification and sex-based provisions
In the workplace there are provisions historically based on sex: changing rooms, showers, sometimes dormitories on assignments, and in sectors such as healthcare the choice for a female caregiver. When access to these provisions is based entirely on self-identification, a tension arises with the privacy and safety interests of women. Many employers opt for a third, neutral provision — which is a workable compromise in practice. Fully abolishing sex-separated provisions is not.
Non-binary registration
Some employers adjust forms and salutation fields at the request of a small group of non-binary employees. That is a choice organisations can make themselves. Structurally redesigning HR systems, contracts and legislation on the basis of a self-declared identity without an objective standard is a much heavier intervention and deserves a balancing that does not automatically come down in favour of self-identification.
What is reasonable employer policy?
Sensible policy protects every employee against discrimination, offers a neutral provision where possible, respects conscientious objections of employees who do not go along with compelled speech, and safeguards the safety and privacy of women in sex-specific places. Inclusive policy need not be identity-activist policy.