New legislation is being introduced in the Netherlands that will require organisations to take active steps to prevent discrimination in their selection processes. This is a significant development for HR professionals and recruiters — and it raises an important question: what does compliance actually look like in practice?
What does the legislation require?
The proposed legislation (Wet toelating terbeschikkingstelling van arbeidskrachten, or WTZA, and related anti-discrimination measures) requires organisations to demonstrate that their selection processes are designed to prevent discrimination on the basis of characteristics such as gender, age, ethnicity, and disability. This goes beyond simply having a policy in place — organisations will need to be able to show that their actual practices are fair.
Why does this matter?
Discrimination in hiring is not just illegal — it is also bad for business. Organisations that allow bias to influence their hiring decisions miss out on talented candidates, limit their diversity, and expose themselves to legal and reputational risk. The new legislation creates an additional compliance imperative, but the underlying business case for fair hiring practices is strong regardless.
What does fair hiring look like in practice?
1. Structured, standardised selection processes
Replacing informal, unstructured interviews with structured processes — where all candidates are asked the same questions and evaluated against the same criteria — is one of the most effective ways to reduce bias. It also creates a documented record that can demonstrate compliance.
2. Objective assessment tools
Using validated assessments that evaluate candidates on job-relevant competencies — rather than subjective impressions, network connections, or credentials that are proxies for background — significantly reduces the opportunity for discriminatory decision-making.
3. Bias awareness training
Interviewers and hiring managers should receive training on common cognitive biases and how they can influence hiring decisions. Awareness is the first step towards change.
4. Monitoring and reporting
Organisations should monitor their hiring data for patterns that might indicate discrimination — for example, differential pass rates across demographic groups at different stages of the process. This data can also help demonstrate compliance to regulators.
Conclusion
The new legislation raises the bar for fair hiring — but organisations that invest in structured, objective, and data-driven selection processes will be well placed to meet it. Want to know how Selection Lab can help you build a legally compliant and genuinely fair selection process? Get in touch with us.
