EQUAL TREATMENT ACT (ALGEMENE WET GELIJKE BEHANDELING, AWGB)EQUAL TREATMENT ACT (ALGEMENE WET GELIJKE BEHANDELING, AWGB)Equal Treatment ActAct of 2 March 1994 containing general rules to provide protection against discrimination on the grounds of religion, belief, political opinion, race, sex, nationality, heterosexual or homosexual orientation or civil status (as amended on 9 September 2004)We Beatrix, by the grace of God Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.Greetings to all who see or hear these presents! Be it known:Whereas We have considered that, having regard inter alia to article 1 of the Constitution, it is desirable to provide protection against discrimination on the grounds of religion, belief, political opinion, race, sex, nationality, heterosexual or homosexual orientation or civil status, in order to promote equal participation in society, and that it is therefore desirable to prohibit discrimination on these grounds except in such cases as provided for by law, and that to enforce this prohibition it is desirable that an Equal Treatment Commission be established;We, therefore, having heard the Council of State, and in consultation with the States General, have approved and decreed as We hereby approve and decree:Chapter I Equal treatment of persons irrespective of their religion, belief, political opinion, race, sex, nationality, heterosexual or homosexual orientation or civil status§ 1. General provisionsSection 11. For the purposes of this Act and the provisions based upon it the following definitions apply:a. discrimination: direct and indirect discrimination;b. direct discrimination: discrimination between persons on the grounds of religion, belief, political opinion, race, sex, nationality, heterosexual or homosexual orientation or civil status;c. indirect discrimination: discrimination on the grounds of characteristics or behaviour other than those referred to under (b), resulting in direct discrimination.2. Direct discrimination on the grounds of sex includes discrimination on the grounds of pregnancy, childbirth and maternity.Section 1a1. The prohibition on discrimination laid down in this Act includes a prohibition on harassment.2. Harassment as referred to in subsection 1 means conduct related to the characteristics or behaviour referred to in section 1 (b) which has the purpose or effect of undermining the dignity of aperson and creating a threatening, hostile, degrading, humiliating or offensive environment.3. Section 2, section 5, subsections 2 to 6, section 6a, subsection 2 and section 7, subsections 2 and 3 do not apply to the prohibition of harassment contained in this Act. § 2. General exceptionsSection 21. The prohibition on discrimination contained in this Act does not apply to indirect discrimination which is objectively justified by a legitimate aim and where the means to achieve that aim are appropriate and necessary.2. The prohibition on discrimination on grounds of sex contained in this Act does not apply:a. in cases in which sex is a determining factor andb. in cases concerning the protection of women, notably in relation to pregnancy and maternity.3. The prohibition on discrimination contained in this Act does not apply if the aim of the discriminatory measure is to place women or persons belonging to a particular ethnic or cultural minority group in a privileged position in order to eliminate or reduce existing inequalities connectedwith race or sex and the discrimination is in reasonable proportion to that aim.4. The prohibition on discrimination on the grounds of race contained in this Act does not apply:a. in cases where a person's racial appearance is a genuine and determining requirement, provided that the aim is legitimate and provided that the requirement is proportionate to that aim;b. if the discrimination concerns a person's racial appearance and constitutes, by reason of the nature of the particular occupational activity in question or of the context in which it is carried out, a genuine and determining occupational requirement, provided that the aim is legitimate and the requirement is proportionate to that aim.5. The prohibition on discrimination on the grounds of nationality contained in this Act does not apply:a. if the discrimination is based on generally binding regulations or on written or unwritten rules of international law, orb. in cases where nationality is a determining factor.6. The cases referred to in subsections 2, 4 and 5 (b) are to be defined in more detail by Order in Council.Section 3This Act does not apply to:a. legal relations within religious communities, independent sections or associations thereof and within other associations of a spiritual nature;b. the office of minister of religion.§ 3. Provisions in the field of employment and the professions Section 4This Act is without prejudice to:a. the Equal Treatment (Men and Women) Act;b. articles 646, 647, 667 and 670 of Book 7 of the Civil Code.Section 51. It is unlawful to discriminate in or with regard to:a. advertisements for job vacancies and procedures leading to the filling of vacancies;b. job placement;c. the commencement or termination of an employment relationship;d. the appointment and dismissal of civil servants; e. terms and conditions of employment;f. permitting staff to receive education or training during or prior to employment;g. promotion;h. working conditions.2. Subsection 1 does not apply to:a. the freedom of an institution founded on religious or ideological principles to impose requirementswhich, having regard to the institution's purpose, are necessary for the fulfilment of the duties attached to a post; such requirements may not lead to discrimination on the sole grounds of politicalopinion, race, sex, nationality, heterosexual or homosexual orientation or civil status;b. the freedom of an institution founded on political principles to impose requirements which, havingregard to the institution's purpose, are necessary for the fulfilment of the duties attached to a post; such requirements may not lead to discrimination on the sole grounds of race, sex, nationality, heterosexual or homosexual orientation or civil status, orc. the freedom of an educational establishment founded on religious or ideological principles to impose requirements on the occupancy of a post which, in view of the institution's purpose, are necessary for it to live up to its founding principles; such requirements may not lead to