<a href="https://www.government.nl/topics/gender-equality" rel="noopener" target="_blank">Equal Treatment</a> Legislation in the Netherlands

Eva Jongepier - employment lawyer in the Netherlands
April 23rd, 2026

Equal Treatment Legislation in the Netherlands

Equal Treatment Legislation (Wet Gelijke Behandeling) in the Netherlands

The Netherlands has a comprehensive framework of equal treatment legislation that governs employment relationships as well as access to goods and services. In the employment context, the principal statutes are:

Algemene wet gelijke behandeling (AWGB, 1994): The general equal treatment act, covering religion, belief, political opinion, race, sex, nationality, sexual orientation, and civil status. It applies to employment, vocational training, and the supply of goods and services.
Wet gelijke behandeling van mannen en vrouwen (WGB m/v): Specifically addresses sex discrimination in the employment relationship, implementing the EU Gender Equality Directive (2006/54/EC).
Wet gelijke behandeling op grond van leeftijd bij de arbeid (WGBL, 2004): Prohibits age discrimination in employment. Objective justification is possible for some age-related distinctions.
Wet gelijke behandeling op grond van handicap of chronische ziekte (WGBH/CZ, 2003): Prohibits discrimination on grounds of disability and chronic illness, and imposes the duty of reasonable accommodation.

The College voor de Rechten van de Mens

The primary enforcement body is the College voor de Rechten van de Mens (Netherlands Institute for Human Rights), which replaced the earlier Commissie Gelijke Behandeling in 2012. Any natural or legal person may file a complaint with the College; the procedure is free of charge. The College investigates and issues a non-binding but authoritative opinion. Approximately 80% of employers comply with adverse opinions without litigation. For legal enforcement, claims are brought before the subdistrict court. See also discrimination in employment, workplace harassment, and reasonable accommodation. Consult an employment lawyer in the Netherlands for enforcement strategy.

The AWGB, AETMW, and Article 7:646 of the Dutch Civil Code share a divided burden of proof: the claimant must establish facts from which discrimination may be presumed, after which the burden shifts to the employer to prove there was no breach (Article 10 AWGB; Article 6a AETMW; Article 10 WGBH/CZ; Article 12 AETAW). The Human Rights Board (formerly the Equal Treatment Commission) may issue verdicts in all discrimination cases brought by victims or interest groups; although not legally binding, employers follow Board verdicts in approximately 75% of cases.

Frequently Asked Questions

Is an employer allowed to pay men and women differently for the same work in the Netherlands?

No. Equal pay for equal work regardless of sex is required by both the WGB m/v and Article 157 TFEU (EU Treaty). Where pay differences exist between men and women doing equivalent work, the employer must demonstrate objective, non-gender-related justification. Since 2021, employers with 250 or more employees are required to submit pay gap data and take active measures to address unjustified gaps.

Can an employer set a mandatory retirement age?

Under the WGBL, age discrimination in employment is prohibited. A mandatory retirement age may be justified if it pursues a legitimate objective (typically pension policy) and the means are appropriate and necessary. The Dutch state pension age (AOW-leeftijd) currently provides a commonly accepted retirement threshold. Contract clauses providing for automatic termination at a specific age are reviewed by courts for proportionality.

Does the equal treatment obligation apply to small businesses?

Yes. The AWGB, WGB m/v, WGBL, and WGBH/CZ apply to employers of all sizes. There is no small employer exemption from the prohibition of discrimination. The duty of reasonable accommodation under the WGBH/CZ does have a disproportionate burden exception that is somewhat more readily available to smaller employers, but the fundamental non-discrimination obligation applies universally.

What remedies does Dutch law provide for equal treatment violations?

Remedies include: a College voor de Rechten van de Mens opinion (non-binding but influential); civil damages including lost salary, opportunity costs, and non-material damages (smartengeld); in dismissal cases, billijke vergoeding under Article 7:681 of the Dutch Civil Code; and, in discrimination-based dismissal cases, reinstatement. The courts retain broad discretion in assessing compensation, and awards in serious cases can be substantial.