How can you spot discrimination on the work floor? And what should you do about it?

According to the Arbobalans 2018 (annual health and safety review, Dutch) nearly 6% of employees stated that they had experienced discrimination personally during the last 12 months at work. Discrimination is making a forbidden distinction. At work it may mean that some employees are unfairly treated in a different way, but customers or visitors can also discriminate. This can happen on the basis of age, gender, sexual preferences, handicaps, race or religious beliefs. The law is very clear that discrimination is forbidden, whether it occurs accidentally or not. The consequences can be serious if, for example, someone is systematically given bad reviews, misses out on promotions or is paid a lower salary.

It is not always easy to recognise discrimination, and it can be direct or indirect. If an employer words the requirements for a vacancy to include things that are not really necessary to perform the job, this is known as indirect discrimination. This disadvantages other people or excludes certain groups. Indirect discrimination is therefore related to actions or processes that may appear normal, but by means of which certain groups are unfairly excluded.

Direct discrimination might mean an employer who prefers not to employ any women, who does not say so, but just does not hire any, even though they may clearly be better qualified for a certain job than the male candidates. Or harassment in the workplace based on skin colour or sexual preferences.

Discrimination is a delicate subject, because it is sometimes difficult to know whether an accusation of discrimination is justified or not. Every human without exception starts with certain stereotypes and tends to reject anyone who is different. However, very few people would say of themselves, or admit, that they discriminate.

It is also not difficult to see that a team in which some people suffer discrimination will not function at its top potential. An employee who suffers discrimination can walk around with (invisible) stress from the bullying and intimidation, uncertainty and a diminished feeling of fairness. Resulting in an increased risk of absenteeism.

As manager, you want to prevent this happening, and that starts with setting a good example. In addition, it is important to keep your eyes open for signs of discrimination, and to bring it out into the open for discussion if you detect it or if an employee approaches you with a complaint about discrimination. Excluding a colleague at lunchtime or at other events is an easily recognisable symptom of discrimination between colleagues. But also keep an eye out for comments about, say, someone's sexual orientation or colour. What one person calls a harmless joke can be reason enough to stay home for another.

One option to help get to the root of whether discrimination, whether deliberate or unconscious, is occurring between colleagues is a three-way discussion. It may also be better to involve an independent professional in order to help make the dynamics in your team, both conscious and unconscious, visible. With these insights you can then talk to your people to see what is needed to improve the situation.

In Article 1 of the Constitution it states that discrimination is forbidden, and this is reflected in various different places in Dutch law. In the Health and Safety Law, discrimination is listed as a psychosocial workplace hazard (PSH). Employers are legally required to tackle the risks of this and to apply a policy to protect employees from it. PSH can generate work-related stress and absenteeism or incapacity for work.

The ban on discrimination is defined in more detail in various other laws, including the General Law on Equal Treatment (AWGB) and in the Criminal Code. Unsure if something qualifies as discrimination? Contact Legal Affairs, HR or the confidential counsellor within your organisation. They can help you further with this if needed.