Handling Discrimination Complaints Properly
Receiving a discrimination complaint is a critical moment for any organization. How you handle it determines not only the legal outcome but also your company culture, employee trust, and reputation. Under Dutch law, employers have a duty of care (zorgplicht) to provide a safe, discrimination-free workplace — and that includes having a robust, fair complaint process.
Since January 2024, every employer is legally required to provide access to a vertrouwenspersoon (confidential advisor) for employees experiencing harassment or discrimination. This is your first line of defense and support.
The Complaint Process: Step by Step
A proper internal complaint procedure for discrimination includes:
- Intake and acknowledgment: Acknowledge the complaint within 48 hours. The complainant should know their report has been received and will be taken seriously
- Confidential advisor engagement: The vertrouwenspersoon provides emotional support, explains procedures, and helps the complainant decide whether to file a formal complaint
- Investigation committee: For formal complaints, appoint an impartial investigation committee (klachtencommissie). Consider using external investigators for objectivity, especially for complaints against senior management
- Hear both parties: Both the complainant and the accused must have the opportunity to present their version. This is a fundamental principle of Dutch administrative fairness (hoor en wederhoor)
- Investigation report: Document findings, including evidence reviewed, witness statements, and conclusions. The report should state whether discrimination occurred and recommend actions
- Decision and action: Management decides on corrective measures based on the investigation findings. Actions range from mediation and training to formal warnings and dismissal
External Remedies Available to Employees
Employees who feel their complaint was not properly handled have external escalation paths:
- College voor de Rechten van de Mens: The Netherlands Institute for Human Rights investigates discrimination complaints. Their opinions, while not legally binding, are authoritative and frequently cited by courts
- Kantonrechter (Subdistrict Court): Employees can pursue financial compensation for damages through court proceedings
- Arbeidsinspectie: The Dutch Labour Inspectorate can investigate whether the employer met their duty of care obligations regarding workplace safety and discrimination prevention
- Police and public prosecutor: In severe cases (hate crimes, sexual assault), criminal prosecution is possible alongside workplace procedures
Building a Prevention-First Culture
The best complaint handling is prevention:
- Regular training: Anti-discrimination and unconscious bias training for all employees, with additional focus for hiring managers
- Diversity policy: Publish and implement a diversity and inclusion policy. This demonstrates institutional commitment
- Anonymous reporting: Provide secure, anonymous channels for reporting concerns below the formal complaint threshold
- Exit interview analysis: Systematically analyze exit interview data for patterns that may indicate discrimination or exclusion
- Celebrate diversity: Active cultural events and Employee Resource Groups (ERGs) signal genuine commitment beyond policy documents
