Pregnancy Discrimination in Utrecht
Pregnancy discrimination is not permitted, but unfortunately it still occurs regularly during job applications, in the workplace, or upon termination of an employment contract in Utrecht.
Types of Pregnancy Discrimination
- Rejection during job application due to pregnancy or desire for children
- No extension of a temporary contract due to pregnancy
- Demotion or reduced responsibilities
- No chance of promotion
- Dismissal during or shortly after pregnancy
- Inappropriate or negative treatment
Legal Rights and Protection
- Dismissal protection: An employer may not dismiss you during pregnancy or leave period
- Equal treatment: Discrimination on the basis of pregnancy is legally prohibited
- Application process: Questions about pregnancy or family planning are not permitted
Where Can I Seek Help in Utrecht?
- Netherlands Institute for Human Rights (free advice and opinion)
- Anti-Discrimination Agency Utrecht
- An employment law attorney via the Juridisch Loket Utrecht, Catharijnesingel 55
Burden of Proof
If there is a presumption of discrimination due to pregnancy, the burden of proof lies with the employer. They must demonstrate that no discrimination has occurred.
Legal basis: General Equal Treatment Act, Article 7:670 Civil Code
Local Jurisdiction
For legal disputes in Utrecht, you can go to the District Court of Midden-Nederland, Vrouwe Justitiaplein 1.
Frequently Asked Questions about Pregnancy Discrimination
May an employer in Utrecht ask about my pregnancy during a job interview?
No, this is not permitted. Asking questions about pregnancy or desire for children during a job application is a form of discrimination. If this happens, you can contact the Netherlands Institute for Human Rights or file a report with an anti-discrimination agency in Utrecht. Keep evidence such as emails or conversation notes carefully.
What to do if my contract is not extended due to pregnancy?
This constitutes pregnancy discrimination and is prohibited. You can file a complaint with the Netherlands Institute for Human Rights or seek legal assistance via the Juridisch Loket in Utrecht. Ensure you gather evidence, such as written communication or statements from colleagues.
Am I protected against dismissal during pregnancy in Utrecht?
Yes, during pregnancy and maternity leave, and up to six weeks after the leave, a dismissal protection applies. Dismissal is only possible in exceptional circumstances, such as fraud or business closure. In case of wrongful dismissal, you can go to court via the District Court of Midden-Nederland.
How do I prove that I have been discriminated against due to pregnancy?
If there are indications of discrimination, such as a sudden change in function after reporting pregnancy, the burden of proof shifts to the employer. They must prove that no discrimination has taken place. Keep all relevant information, such as emails and witness statements.
Can a promotion be denied to me due to pregnancy?
No, denying a promotion on the basis of pregnancy is discrimination. If you suspect this, you can report it to the Netherlands Institute for Human Rights or seek legal advice in Utrecht. Everyone has the right to equal opportunities, regardless of pregnancy.