Employment Law and Transition

The Equal Treatment Act prohibits discrimination on the grounds of sex.

Prohibition of discrimination

The Equal Treatment Act prohibits discrimination on the grounds of sex. In several rulings, the Netherlands Institute for Human Rights has clarified that this also includes discrimination on the grounds of gender identity and gender reassignment. Since 2019, this has been explicitly included in the law.

Transition in the workplace

Employers have a legal duty of care to provide a safe working environment. Practical considerations during a workplace transition include forms of address, toilet use, personnel records and dress codes.

Dismissal and discrimination

Dismissal or adverse treatment because of a transition may be unlawful. Complaints can be submitted to the Netherlands Institute for Human Rights or pursued through civil proceedings.

What the law has said since 2019

On 1 November 2019, the Equal Treatment Act was clarified. Since then, discrimination on the grounds of sex has expressly included discrimination on the grounds of sex characteristics, gender identity and gender expression. The law applies to recruitment and selection, employment conditions, promotion and dismissal. The Netherlands Institute for Human Rights assesses complaints free of charge. Its rulings are not binding, but they are generally followed and are taken into account if the case later goes to court.

Privacy and personnel records

The fact that someone is transitioning or has transitioned is sensitive personal data. An employer may not share this information with colleagues or customers without permission. After a change of first name or gender registration, the employer must update the personnel records. Old data may only be retained to the extent required by a statutory retention obligation.

Toilets and changing rooms

The Working Conditions Decree requires employers to provide separate toilets and changing rooms for men and women, or to enable separate use. The law does not specify how this relates to the prohibition of discrimination based on gender identity. In practice, employers address this through case-by-case arrangements or lockable single-occupancy facilities. The legal position on mixed-gender changing rooms is explained at vrouwenruimtes.nl, in the article on changing rooms and transgender policy. You can read more about this consideration at gender in the workplace.

Freedom of opinion

Employees who are critical of gender identity also have rights. In the United Kingdom, a court ruled in 2021 in the case of Maya Forstater that the belief that biological sex is immutable is legally protected. In the Netherlands, freedom of expression and the prohibition of discrimination based on religious or philosophical beliefs protect employees, within the bounds of respectful conduct towards colleagues. An overview of the legislation can be found under discrimination law.