Recognizable questions
- Should I tell a prospective employer during a job application that I am or was one of Jehovah’s Witnesses?
- Is an employer allowed to ask what religion I am?
- Can I be turned down because I’m one of Jehovah’s Witnesses?
- Am I as an ex-JW also protected against discrimination?
- What should I say about the years I spent pioneering or doing other religious volunteer work?
- What if, in the past because of my faith, I didn’t want to do certain holidays or duties?
- And what if somewhere it still says that I don’t want a blood transfusion, while I now feel differently about that?
Your religious background is a private matter in most jobs. You do not have to tell an employer as a matter of course that you are or were one of Jehovah’s Witnesses, or why you left the faith.
Still, religion and work can sometimes intersect. In that case, the right to equal treatment, privacy, and employment law are among the issues that become relevant.
Are you protected against discrimination as one of Jehovah’s Witnesses?
Yes.
In the Netherlands, religion is protected by, among other things, Article 1 of the Constitution and the Equal Treatment Act (AWGB).
An employer may not simply make distinctions based on someone’s religion or belief when it comes to, among other things, recruitment and selection, terms of employment, promotion, and ending an employment relationship. The Netherlands Institute for Human Rights also handles individual discrimination complaints in the area of employment.
That means, for example, that an employer is not allowed to reject you simply because he or she does not want Jehovah’s Witnesses in the company.
And if you are no longer one of Jehovah’s Witnesses?
That matters too.
Freedom of religion includes not only the freedom to have and profess a faith. It also includes the freedom to change your beliefs or not to believe. The Institute likewise describes freedom of religion as the right to choose for yourself whether you believe in something and which religion you follow.
An employer who treats someone unfavourably because of that person’s religious background or change in belief may therefore run into equal treatment rules.
For example, think of an employer who says:
“I don’t trust you anymore because you left Jehovah’s Witnesses.”
Or:
“People who come from a religion like that don’t fit in with our company.”
Those are very different situations from an employer who has criticism about specific conduct or performance.
Not every workplace conflict involving an ex-JW is discrimination. There must be a link between the unequal treatment and a legally protected ground.
Is an employer allowed to ask about your religion during a job application?
Some nuance is needed here.
According to the national government, an employer should only ask questions during a job application that are relevant to the position. Questions about private matters generally do not belong in a job interview.
So in a normal application you do not have to volunteer:
“I am one of Jehovah’s Witnesses.”
or:
“I used to be one of Jehovah’s Witnesses.”
A question about religion can also become problematic when the answer is used as a selection criterion.
But the rule is not absolute.
For certain positions within organisations with a religious or ideological basis, a particular belief may under legal conditions be a genuine occupational requirement. The national government, for example, states that such a requirement can only be justified when it is genuinely necessary because of the nature of the job.
So it would be too absolute to write:
“An employer may never ask about your religion.”
A better formulation is:
In a normal job application, your religion is generally private, and questions that are not relevant to the position do not belong in the selection process. Exceptions may apply in special situations.
“Do you celebrate Christmas?”
Indirect questions can also reveal something about religion.
Think of:
“Do you celebrate Christmas?”
“Can you work on religious holidays?”
“Do you have an issue with birthdays at the office?”
In that context, the setting matters.
An employer may have a legitimate reason, for example, to ask:
“Are you available to work on 25 December?”
That is different from:
“What religion are you?”
The first question may be directly relevant to the schedule. The employer does not necessarily need to know why someone is or is not available.
So it is not just about the wording of a question, but also about why the information is being asked for and what is done with it.
Do you have to say that you are an ex-JW?
In most jobs, no.
You can of course choose to share your background yourself, for example because you want to explain a gap in your CV or because you have a good relationship with your colleagues.
But you do not have to turn a job interview into an explanation of your religious life history.
A practical question could be:
Does my former faith have anything to do with my suitability for this role?
If not, there is usually no reason to discuss it in detail.
The gap in your CV
For some former Jehovah’s Witnesses, their religious life may have affected their education and work history.
Maybe you pioneered for years, did a lot of volunteer work, worked part-time, or made choices that make your CV look different from that of your peers.
That does not have to be presented solely as a “gap.”
Religious volunteer work may also have given you experience with, for example:
planning and organizing;
talking to strangers;
presenting;
working together;
taking responsibility;
volunteer work;
languages;
administrative tasks;
working with different people.
Only describe skills you actually gained.
You do not necessarily need to tell your whole religious history either.
For example:
2018 - 2022 | Volunteer work
Intensive volunteer work in which I gained experience in planning, communication, and working with different people.
If you do want to say that this was within Jehovah’s Witnesses, of course you may.
What if your employer knows you are a Jehovah’s Witness?
Making it known that you are religious does not mean an employer may then treat you differently because of that belief.
For example, an employer may not say:
“We are not giving you a promotion, because Jehovah’s Witnesses do not fit in management.”
The Netherlands Institute for Human Rights can assess discrimination on the basis of religion in, among other things, recruitment and selection, employment conditions, and entering into or ending an employment relationship.
At the same time, as an employee you remain bound by normal job requirements.
Religion does not mean that every personal preference must automatically be accommodated by the employer.
Religious rules versus employer rules
Sometimes religious beliefs conflict with rules or work tasks.
Think of:
clothing;
religious symbols;
working hours;
holidays;
certain tasks;
conscientious objections.
There is no single simple rule for that.
An employer may set justified job-related or safety rules. But a rule that particularly affects people of a certain religion may legally be assessed as indirect discrimination. In that case, among other things, it matters whether there is a legitimate aim and whether the chosen measure is appropriate and necessary.
The Institute emphasizes that such matters must be assessed case by case; a ruling in one situation cannot automatically be applied to every other employer.
So for example:
“A general dress code applies to everyone, so it can never be discriminatory”
is too simplistic.
A seemingly neutral rule can affect certain religious groups much more strongly than others.
And holidays?
Jehovah’s Witnesses do not celebrate Christmas or birthdays, among other things. That can create practical situations in the workplace.
Maybe a colleague does not want to attend a Christmas party. Maybe someone actually wants to work during Christmas. Or a former JW wants to take part for the first time.
Not every social event is an employment-law issue.
Often, a practical conversation can solve a lot.
For example, an employer can ask who is available during certain holidays without forcing employees to explain their religious beliefs.
For an ex-JW, this may also be emotionally new. Taking part in a Christmas drinks event or a birthday celebration at work for the first time can be something very different from a legal issue.
What if colleagues make comments?
Discrimination does not have to come only from the director or the HR department.
Think, for example, of comments like:
“You’ve probably been brainwashed.”
or to an ex-JW:
“Someone who leaves their own faith and family can’t really be loyal either.”
A single rude remark is not automatically legally discrimination. Context, severity, frequency, and the employer’s response can be relevant.
Employers do have responsibilities regarding a discrimination-free workplace. The Institute can also assess complaints about discrimination in the workplace.
If comments become recurring, you can document them and, for example, discuss them with a supervisor, HR, a confidential adviser, the works council, or a trade union.
Can you be fired because of your faith?
An employer may not terminate an employment contract because someone is one of Jehovah’s Witnesses.
The ban on discrimination based on religion also applies when employment relationships are terminated.
But here too, wording matters.
The fact that someone is one of Jehovah’s Witnesses does not protect that person from dismissal for other lawful reasons.
There is a difference between:
“We are dismissing you because you are one of Jehovah’s Witnesses.”
and:
“You do not meet the job requirements.”
In a dispute, the key question may be what the real reason for the decision was.
What if you think you were rejected or dismissed because of your JW background?
Keep as much concrete information as possible.
Think of:
the job posting;
emails and messages;
evaluations;
records of conversations;
comments about your faith;
the date and attendees of meetings;
the reason given for the rejection or dismissal.
For verbal comments, write down as soon as possible:
When was it said?
Who said it?
What was said, as literally as possible?
Who was there?
What happened afterward?
That is much more useful than simply writing later:
“I think they did not want me because I am an ex-JW.”
Old statements about blood
A very different issue can arise if, as one of Jehovah’s Witnesses, you once put in writing that you refuse certain blood transfusions and you now feel differently about that.
Do not assume that an old medical directive will automatically have disappeared everywhere once you leave Jehovah’s Witnesses.
Check which advance directives or notes are known to relevant healthcare providers and have it recorded when your current wishes are different.
This is first and foremost a medical and privacy issue, not something that requires approval from the congregation.
If you have withdrawn a written refusal, it is wise to discuss this clearly with your family doctor and other relevant healthcare providers so that your current wishes are known.
You do not have to hide your past
There is an important difference between:
“I am required to tell people about my religious past.”
and:
“I choose to tell them about it.”
You do not have to hide your JW past out of shame.
But neither do you have to explain it to every employer or colleague.
You can decide for yourself how much of your personal history you want to share at work, insofar as that information is not necessary for your job or a specific legal situation.
Where can you turn if discrimination may be involved?
If you suspect that you were treated unfairly because of your religion or beliefs, you can, among other things, ask for advice or submit a request for an opinion to the Netherlands Institute for Human Rights.
The Institute handles individual discrimination complaints, including complaints about employment and religion. An opinion from the Institute is not legally the same as a binding court judgment, but it can still be important in a dispute.
Depending on the situation, you can also seek help from an anti-discrimination service, a trade union, legal aid provider, or employment lawyer.
In dismissal cases, short legal deadlines may apply. So if you have a concrete dismissal dispute, do not wait unnecessarily long to get legal advice.
Finally
Being one of Jehovah’s Witnesses, having been one of Jehovah’s Witnesses, or no longer being religious says nothing by itself about your suitability as an employee.
In an ordinary job application, you do not have to explain your full religious history.
As a believer, you may expect protection against discrimination.
And as a former believer, you do not have to justify your past.
At the same time, religious freedom does not mean that every religious preference at work automatically overrides other interests. Sometimes the rights of the employee, the requirements of the job, and the interests of the employer must be weighed against one another.
Perhaps the most important practical question is therefore:
“Am I being judged on how I do my job — or on what I believe or used to believe?”
That distinction can be legally important.
Sources
Rijksoverheid - Which questions may not be asked during a job interview?
Rijksoverheid - May an employer make a distinction between applicants?
Netherlands Institute for Human Rights - Freedom of religion and belief
Netherlands Institute for Human Rights - Discrimination and equal treatment at work
Netherlands Institute for Human Rights - Frequently asked questions about discrimination and requesting an opinion
Netherlands Institute for Human Rights - Opinions on religion and employment
Dutch Constitution - Article 1
General Equal Treatment Act - Articles 1 and 5
KNMG - Information on advance directives and medical decision-making
Editorial note: this article describes the situation in the Netherlands and provides general information. Whether a specific employment case involves prohibited discrimination depends on the concrete facts and circumstances. In the event of an actual employment dispute, dismissal, or medical issue, individual legal or medical advice may be needed.
