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Pregnancy discrimination is prohibited, yet it is still widespread: a large proportion of pregnant women who are working or applying for jobs experience it. Treating an employee or job applicant differently because of pregnancy or a desire to have children is unlawful and can have far-reaching consequences for employers.
Discrimination on the grounds of pregnancy is prohibited
Discriminating on the grounds of pregnancy, childbirth, or motherhood is a form of prohibited discrimination on the grounds of sex. This applies to recruitment and selection, employment conditions, promotion, and dismissal. Rejecting a pregnant applicant or disadvantaging an employee because of her pregnancy is therefore not permitted.
No questions about desire to have children
During a job application, you may not ask whether someone is pregnant or wishes to have children, and you may not base a decision on that. Even subtle forms—not renewing a contract after announcing a pregnancy, or assigning less pleasant tasks—can be considered discrimination.
Strong protection against dismissal
During pregnancy and maternity leave, a prohibition on termination applies (Article 7:670 of the Dutch Civil Code). In principle, you cannot terminate a pregnant employee during that period. If you still wish to part ways, you must be certain that this has nothing to do with the pregnancy — and that is difficult to prove.
The consequences for the employer
If you are guilty of pregnancy discrimination, you risk a ruling by the Netherlands Institute for Human Rights, compensation, reinstatement, and reputational damage. Prevent this by keeping your recruitment, assessment, and decision-making processes objective and demonstrably consistent, and document your policy.
Frequently Asked Questions
Am I allowed to reject a pregnant applicant?
Not because of her pregnancy. That is prohibited discrimination on the grounds of sex. Assess suitability objectively.
May I ask about your desire to have children?
No. During a job application, you may not ask about pregnancy or a desire to have children, and your decision may not be based on that.
Can I dismiss a pregnant employee?
During pregnancy and maternity leave, a prohibition on termination applies (Article 7:670 of the Dutch Civil Code). In principle, dismissal is not possible during this period.
Is your recruitment and policy discrimination-free?
Our legal experts advise on equal treatment and draft your employment contract and policy. View our employment lawteam or schedule a free consultation.
