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Evidence in Prohibited Dismissal in Amsterdam: How Do You Prove Discrimination?

Prove discrimination in Amsterdam with documents, witnesses, and reversal of the burden of proof. Indirect evidence suffices according to the Supreme Court; local tips for Zuidas and Jordaan.

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Evidence in Prohibited Dismissal in Amsterdam: How Do You Prove Discrimination?

In Amsterdam's vibrant labor market, where diversity is highly valued, everything revolves around solid evidence in cases of suspected prohibited dismissal. This article explains how to demonstrate discrimination, with attention to local authorities and resources.

Reversal of the Burden of Proof in Amsterdam Cases

Since the Work and Security Act (WWZ), reversal of the burden of proof applies (Article 7:670 paragraph 3 of the Dutch Civil Code). In 'sensitive' Amsterdam dismissal cases, such as in multicultural teams in the Zuidas or hospitality in the Jordaan, the employer must prove that discrimination is excluded. The Subdistrict Court of Amsterdam applies this strictly.

Practical Means of Proof with Local Tips

  • Documents: Exit-interviews, emails, and personnel files from Amsterdam companies.
  • Witnesses: Colleagues from the Amsterdam work culture who recognize discrimination patterns, such as at startups in Amsterdam Science Park.
  • Statistics: Disproportionate dismissal of migrants or LHBTI+ groups, supported by data from the CBS or the Amsterdam discrimination monitor.
  • Medical file: Essential in illness-related claims, with reference to Amsterdam UMC.

The Supreme Court recently ruled that indirect evidence suffices, as in cases before the District Court of Amsterdam. Build a strong file, consult the Juridisch Loket Amsterdam, or engage a local labor lawyer via the law firm on Ferdinand Bolstraat for successful claims. (248 words)