Abstract
This chapter explains the conceptual foundations of the principle of non-discrimination in employment and assesses the most significant changes to law and ongoing challenges of Dutch equal treatment law. It offers an in-depth analysis of new developments in both anti-discrimination statutory law and case law. The application of the legal provisions to numerous situations – by the Dutch equality body in particular – offers rich insights into the potential of equal treatment law
in practice. These specific aspects make this law particularly interesting for foreign scholars and practitioners. The chapter provides an overview and assessment of the most relevant characteristics of Dutch equal treatment law applying to employment. The implementation of EU directives on equal treatment has mainly shaped this field of law. This
shows, for example, in the legal definitions of forms of discrimination (e.g. direct and indirect discrimination, harassment and sexual harassment), allowed exceptions and justifications, the burden of proof, the protection against victimisation
and enforcement and sanctions.
in practice. These specific aspects make this law particularly interesting for foreign scholars and practitioners. The chapter provides an overview and assessment of the most relevant characteristics of Dutch equal treatment law applying to employment. The implementation of EU directives on equal treatment has mainly shaped this field of law. This
shows, for example, in the legal definitions of forms of discrimination (e.g. direct and indirect discrimination, harassment and sexual harassment), allowed exceptions and justifications, the burden of proof, the protection against victimisation
and enforcement and sanctions.
Original language | English |
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Title of host publication | Discrimination and Employment Law. International Legal Perspectives |
Editors | Jo Carby-Hall, Zbigniew Góral, Aneta Tyc |
Publisher | Routledge |
Chapter | 3 |
Pages | 35-59 |
Number of pages | 25 |
ISBN (Print) | 9781032308463 |
DOIs | |
Publication status | Published - 14 Dec 2022 |
Keywords
- Discrimination, Equal Treatment, EU law