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Equal Treatment Act and the Role of the Proactive Confidential Advisor

The Equal Treatment Act prohibits discrimination on the basis of, among other things, gender, race, sexual orientation, age, disability, or religion. The Act provides an important foundation for social safety and fairness within organizations. For the proactive confidential advisor, this is not only a legal guideline but also a tool to address structural inequality and promote inclusion.

Supported by reports from the Netherlands Institute for Human Rights (2022), the proactive confidential advisor actively focuses on detection, prevention, and policy advising.

Structural detection and feedback

The proactive confidential advisor:

  • Identifies discrimination or exclusion based on conversations, behavior, or culture;

  • Tracks which themes or departments appear more frequently in reports (anonymized);

  • Provides periodic feedback on these signals to HR and management;

  • Raises recurring issues in annual culture surveys or team analyses.

 

Inclusive recruitment and selection (Article 5)

The proactive confidential advisor:

  • Advises HR on inclusive job postings and recruitment procedures;

  • Identifies unconscious bias in selection interviews or appointment policies;

  • Provides suggestions for objective criteria and diverse panels.

 

Workplace and career development (Articles 6 & 7)

The proactive confidential advisor:

  • Discusses patterns of inequality in development opportunities, compensation, or promotion;

  • Encourages equal access to training, leadership positions, or informal networks;

  • Supports employees who feel disadvantaged based on their identity or background;

  • Reports exclusion or subtle forms of racism/discrimination anonymously to management.

 

Termination and (in)equality in treatment (Article 7)

In cases of suspected discrimination related to termination of employment:

  • The proactive confidential advisor listens without judgment and provides space for reflection;

  • Clarifies options, including external bodies such as the Netherlands Institute for Human Rights;

  • Encourages HR to review exit analyses for signs of inequality.

 

Promoting inclusivity (Article 8)

The proactive confidential advisor:

  • Initiates team dialogues on inclusion, privileges, and micro-aggressions;

  • Connects individual experiences to broader policy questions on culture and diversity;

  • Advises on language use, imagery, and behavioral norms within the organization.

 

Strengthening the complaints procedure (Article 9)

The proactive confidential advisor:

  • Informs employees about their rights and the internal complaints procedure;

  • Supports the submission of complaints and monitors the process;

  • Identifies obstacles to accessing fair treatment.

 

Policy advice and compliance (Articles 10 & 11)

The proactive confidential advisor:

  • Provides input for anti-discrimination policies and codes of conduct;

  • Evaluates compliance in practice;

  • Feeds practical experiences back into consultations with HR, the Works Council, and management.

 

In conclusion

The proactive confidential advisor stands alongside the employee but also takes a broader view: looking at structures, exclusion mechanisms, and opportunities for change. Equal treatment requires continuous attention – and a role that goes beyond mere reaction.