This translation is unofficial and is presented here for information purposes on the contents of the Act. It should not be treated as an official legal translation of the Act. Any interpretation of the information should be referred back to the original text.
Act of 3 April 2003 to establish the Act on equal treatment on the grounds of disability or chronic illness
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§ 1. General
Section 1
The following definitions apply in this Act:
a. discrimination: direct and indirect discrimination, as well as the instruction to discriminate;
b. direct discrimination: discrimination between people on the grounds of a real or alleged disability or chronic illness;
c. indirect discrimination: discrimination on the grounds of traits or behaviour other than those described at b which results in direct discrimination.
Section 1a
1. The prohibition on discrimination laid down in this Act shall also include a prohibition on harassment.
2. Harassment as referred to in section 1 means conduct related to disability or chronic illness that has the purpose or effect of violating the dignity of a person and creating an intimidating, hostile, degrading, humiliating or offensive environment.
3. Section 3 shall not apply to the prohibition of harassment contained in this Act.
Section 2
The prohibition on discrimination also means that the persons on whom this prohibition is imposed are obliged to make effective modifications according to need, unless this would impose a disproportionate burden on them.
Section 3
1. The prohibition on discrimination does not apply if:
a. the discrimination is necessary to protect health and safety;
b. the discrimination relates to a regulation, standard or practice which is aimed at creating or maintaining specific provisions and facilities for the benefit of persons with a disability or chronic illness;
c. if the discrimination concerns a specific measure which has the aim of granting persons with a disability or chronic illness a privileged position in order to neutralise or ameliorate existing disadvantages and the discrimination is proportionate to the objective.
2. The prohibition on discrimination contained in this Act shall not apply to indirect discrimination if the discrimination is objectively justified by a legitimate aim and the means used to achieve that aim are appropriate and necessary.
§ 2. Employment
Section 4
Discrimination is prohibited in:
a. offering a job and the treatment in filling a vacancy;
b. entering into and terminating an employment relationship;
c. the appointment as a civil servant and the termination of employment as a civil servant;
d. assistance with finding work;
e. terms of employment;
f. allowing people to attend education and training during and prior to an employment relationship;
g. promotion;
h. working conditions.
Section 5
Discrimination is prohibited with regard to the conditions for and access to the professions
and for the performance of and development within the professions.
Section 5a
It shall be unlawful to discriminate with regard to membership of or involvement in an employers’ organisation or trade union, or a professional occupational organisation, as well as the benefits which arise from that membership or involvement.
Section 5b
It is not allowed to make a distinction when granting access to, offering, administering tests during, and at the completion of, education as referred to in the Primary Education Act and Secondary Education Act, to the extent not included in Article 6, at b.
§ 3. Vocational education
Section 6
Discrimination is prohibited in:
a. granting access to and the provision of career planning and career choice information;
c. granting access to, offering, examining and concluding education aimed at entry to and performance in the labour market.
§ 3a. Residence
Section 6a
In this paragraph, residential accommodation is defined as:
a. immovable property built to be used as a residence that constitutes an independent dwelling, or a part of built immovable property intended to be used as independent or dependent dwelling, including the related communal area;
b. a caravan, being a building intended for accommodation that is placed on a pitch and that can be moved, in whole or in part;
c. a houseboat; being a ship that is exclusively or mainly used as or intended as a residence;
d. a part of an inland waterway vessel intended to be used as a residence.
Section 6b
It is prohibited to make a distinction when :
a. offering housing for occupation;
b. concluding, performing, amending or terminating agreements concerning the leasing, buying or occupying of housing for personal use, whereby personal use will include occupation by a person with whom the contracting party, his spouse or registered partner has a family relation or with whom the contracting party, his spouse or registered partner lives as a family;
c. mediating with respect to an agreement as referred to at b;
d. drawing up, performing or amending regulations as referred to in Article 111, at d, of Book 5 of the Dutch Civil Code
e. registering as person looking for a house.
Section 6c
Article 2 does not apply to this paragraph, if it concerns a structural or residence-technical change to the residence.
§ 4. Public transport
Section 7
The following definitions apply in section 8 and the provisions based on it:
a. public transport: passenger transport open to all in accordance with a timetable by bus, train, metro, tram or a vehicle propelled by means of a guide system;
b. travel information: information about the timetable with its period of validity, guaranteed connections within the timetable, changes to the timetable and the associated zoning.
Section 8
1. Discrimination is prohibited in:
a. granting the access to the buildings and infrastructure associated with the public transport which is required in order to travel;
b. offering public transport services and travel information;
c. concluding, executing or terminating contracts relating to public transport.
2. Rules will be stipulated by or pursuant to an Order in Council with regard to the modifications to be made under the first paragraph in conjunction with section 2, as described in that section.
3. Subsections 2 and 3 shall also apply to claims as referred to in section 305a of Book 3 of the Civil Code and of appeals lodged by persons with an interest within the meaning of section 1:2, subsection 3, of the General Administrative Law Act.
§ 5. Legal protection
Section 9
1. Termination of the employment relationship by the employer contrary to section 4 or because of the fact that the employee has invoked section 4 at law or otherwise is subject to annulment.
2. Without prejudice to chapter 8 of the General Administrative Law Act, an employee's right to invoke the grounds for annulment described in the first paragraph lapses two months after the termination of the employment relationship. Section 55 of Volume 3 of the Civil Code does not apply.
3. A legal action relating to the annulment will be barred after a period of six months following the day on which the employment relationship has ended.
4. The termination described in the first paragraph does not make the employer liable to pay damages.
Section 9a
Without prejudice to the provisions of Article 9, it is prohibited to disadvantage persons because of the fact that they have invoked this Act, in or out of court, or have provided assistance in respect thereof.
Section 10
1. If a person who believes that they are or will be discriminated against to their disadvantage as described in this Act produces facts in court which can give grounds for suspecting that such discrimination exists, the counterparty must prove that they have not acted contrary to the law.
2. If a person who believes that they have been disadvantaged by acts contrary to section 2 produces facts in court which can give grounds for suspecting that there has been a failure to make effective modifications, the counterparty must prove that they have not acted contrary to this provision.
3. The first and second paragraph apply accordingly to claims as referred to in Article 305a of Book 3 of the Dutch Civil Code and to appeals submitted by interested parties within the meaning of Article 1:2, third paragraph, of the Dutch General Administrative Law Act.
Section 11
Contractual terms which contradict this Act are invalid.
Section 12
The Equal Opportunities Commission described in section 11 of the General Equal Opportunities Act can investigate whether discrimination is taking place or will take place as described in this Act and whether acts contrary to section 2 of this Act have taken place. Sections 12, 13, 14, 15, 20, second paragraph, and 33 of the General Equal Opportunities Act apply correspondingly.
Section 13
Our Minister of Public Health, Welfare and Sport - in consultation with Our Ministers of the Interior and Kingdom Relations, of Justice, of Social Affairs and Employment, of Traffic and Water Management and of Education, Culture and Sciences - will send a report to Parliament on the effectiveness and effects of this Act in practice within five years of it coming into force
§ 6. Final provisions
Section 14
The sections of the Act come into force at a time to be stipulated by Royal Decree, which can be different for the various sections or components thereof.
Section 15
This Act will be cited as the Act on equal treatment on the grounds of disability or chronic illness.
Charge and command …
Issued on May twenty-second 2003