How to Prevent (Unconscious) Discrimination in the Hiring Process

Discrimination in the labor market-whether conscious or unconscious-remains a persistent problem. Although there is an increasing focus on equal opportunity, statistics show that many job applicants are still treated unequally. In 2023, the government passed the Equal Opportunity in Recruitment and Selection Oversight Act. Since then, employers have been legally required to have policies in place to combat discriminatory practices. Questionnaires and objective tests can help make the selection process fairer. In this article, you’ll learn how this works and what benefits it brings.

Labor Market Discrimination in Numbers

According to the SER advisory report from 2023, job applicants with an immigrant background still have a significantly lower chance of receiving an interview invitation, even if they have the same resume as someone without an immigrant background. Recent research by the Ministry of Social Affairs and Employment shows that over 30% of job applicants with a non-Western background experience discrimination when looking for work. Research by RTL Nieuws and the Verwey-Jonker Institute (2023) again showed that people with Moroccan, Turkish, or Surinamese backgrounds, in particular, are less likely to be invited for a job interview. When combined with age, gender, and work history, this leads to exclusion, even if it is not always intentional.

What does the law say?

Article 1 of the Constitution prohibits discrimination. This is further elaborated in, among other laws, the General Equal Treatment Act (AWGB). The Equal Opportunity in Recruitment and Selection Supervision Act has been in effect since 2023. This law requires employers to have a procedure in place that explains how discrimination is prevented. Small employers must be able to explain verbally how they ensure equal opportunities; larger companies must document this in writing. The Dutch Labor Inspectorate monitors compliance and can impose sanctions. The measures are intended to change structural behavior, not just address individual incidents.

Conscious and Unconscious Discrimination

Discrimination is by no means always intentional. A job posting that calls for a “young, energetic colleague” excludes older applicants-even if age isn’t explicitly mentioned. Or consider asking for “accent-free Dutch,” which unintentionally excludes people with an immigrant background. According to the Netherlands Institute for Human Rights, employment and job application procedures are the most commonly reported areas of discrimination. Preventing this requires both awareness and action.

What can employers do?

There are three key steps employers can take to promote equal opportunities:

• Create an inclusive work environment . As an organization, make it clear that discrimination will not be tolerated. Establish a code of conduct, appoint a confidential advisor, and ensure that managers lead by example.

 

• Identify and address issues Be alert to signs of discrimination within the team. Take reports seriously and provide feedback on how they are being addressed. Only then will employees feel safe and heard.

 

• Objective recruitment and selection Use standardized tests, screening questions, or online assessments during the hiring process. This prevents “gut feelings” from playing a role. Consider personality tests, motivation questionnaires, or cognitive assessments-all without names, ages, or photos.

 

Online Tests as a Tool

A good tool for making recruitment and selection more objective is the early use of online tests. At hrmforce, for example, you can use:

• Big Fifty personality test—insight into behavioral preferences
• Ability Scan—cognitive skills (abstract reasoning, numerical reasoning)
• Motivation Test, what drives the candidate?
• Leadership Test, potential for leadership roles

Based on predefined profiles (competency profiles, cultural fit), the system can automatically calculate how well a candidate fits. This prevents subjective judgments and ensures a fairer process.

Blind Applications: Do They Work?

In recent years, various municipalities have experimented with anonymous job applications. The results have been mixed. Some cities, such as The Hague, saw positive effects. Other municipalities, such as Utrecht and Nijmegen, discontinued the practice due to limited results or the feeling that the interaction had become impersonal. According to Professor Robert Dur (Erasmus University), the evidence from the Netherlands and abroad is mixed, but there are certainly situations in which anonymization helps-especially when it comes to the initial screening based on resumes. A combination of anonymous applications and objective testing appears to be the most effective in practice.

Fair selection within your organization?

Do you want to actively combat discrimination in your recruitment and selection process and be able to objectively justify why you do or do not invite someone for an interview? If so, there are various tools that can help you-without compromising on quality or speed. Contact us for a no-obligation introductory meeting. Our consultants would be happy to work with you to develop a fairer and more effective selection process.