2023: The Equal Opportunities in Recruitment and Selection Act — What It Means for Your Organization

Everyone should have the opportunity to participate in today’s labor market and receive equal chances. This is established in Dutch law, which prohibits excluding people based on age, gender, or background.
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Everyone should have the opportunity to participate in today’s labor market and receive equal chances. This is established in Dutch law, which prohibits excluding people based on age, gender, or background—commonly referred to as discrimination. However, in practice, not everyone receives these opportunities, leaving talent untapped and putting increasing pressure on you as an employer. So how can you ensure equal opportunities for everyone in your recruitment and selection process? 

(Un)conscious biases

In the blog “Tackling Discrimination with Innovative Recruitment Technology”, we already discussed conscious and unconscious discrimination in the labor market. Many organizations are unaware of their biases, which play a significant role in the recruitment and selection process. Research has shown that this discrimination mainly occurs unconsciously, making it even more important to scrutinize your recruitment process. The Equal Opportunities in Recruitment and Selection Act aims to promote fair chances in the labor market and prevent discrimination as much as possible—whether it occurs consciously or unconsciously.

Direct or indirect discrimination

Equal opportunities for everyone means that there is no direct or indirect distinction based on gender, race, nationality, political preference, sexual orientation, marital status, disability, illness, age, religion, or beliefs.

Direct discrimination is easy to recognize, as it involves rejection based on a characteristic such as those mentioned above. Indirect discrimination, on the other hand, is sometimes harder to detect and is often where unconscious discrimination occurs. 

Indirect discrimination is often thought to involve neutral requirements, such as speaking Dutch or having flexible availability. However, these requirements are not always necessary for a particular role. For example, in warehouse stocking, speaking Dutch may not be strictly required. 

Who does the law apply to?

The Equal Opportunities in Recruitment and Selection Act applies to anyone who has an open vacancy. This can be either an internal or external position, and the Working Conditions Act (Arbowet) is applicable. 

To ensure that you comply with the law as an employer, you can work according to three principles: systematic, verifiable, and transparent.

  • Systematic: evaluate each candidate using the same criteria and structure. This applies to the cover letter, CV, and job interview.
  • Verifiable: ensure that the process and procedures are documented, so accountability afterward is straightforward. For example, include the following in the job posting: job requirements, tasks, responsibilities, location, and scope. By maintaining this order for every vacancy, you work objectively and prevent discrimination in the job description.
  • Transparent: ensure that the application process is clear in advance. Applicants have the right to request this procedure before applying.

Objective recruitment for your organization

To ensure that your organization complies with legal requirements and excludes both conscious and unconscious discrimination in your recruitment process, there are several factors to consider. To make this process easier and ensure proper adherence to the law, Recrout offers a 100% objective recruitment tool that can help you navigate the process efficiently.

Our integrated assessment module ensures that all your applicants are available in a single system and can be easily evaluated across no fewer than 48 work-related competencies. These competencies can be matched with your job openings, allowing you to select the right candidate for each position.

By integrating Recrout’s automated assessment module into your organization, you can easily comply with the three principles—systematic, verifiable, and transparent—of the Equal Opportunities in Recruitment and Selection Act.

Phase One

The Equal Opportunities in Recruitment and Selection Act will be implemented in the Netherlands in several phases. The first phase will come into effect at the end of this year, after which a plan for phase two will be rolled out. 

Want your organization to be well-prepared for the Equal Opportunities in Recruitment and Selection Act? Schedule a demo to discover our 100% objective matching module.



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