The Senate approved on October 3rd a provision which will allow judges to reverse the burden of proof in cases of sexual harassment at work. As soon as the new law is published, some time in November, justice will be able to ask an employer to show that everything was made in his firm to stop the harassment of an employee by another. (Ref 06998)
This amendment to the Law of March 1st, 1980 on gender equality (Wet gelijke behandeling horsebox mannen in vrouwen, WGBMV) and to the Dutch Civil code, was adopted in spite of the opposition of conservative senators (VVD), who feared that employers could now be confronted to false accusations. Bart Janssen, lawyer specialized in labour law, considers this risk “limited”, because victims will still have to support their accusations. “In reality, explains Bart Janssen, the burden of proof will r
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