JW background and work: legal aspects

Recognizable questions Do I have to tell an employer during a job application that I am or used to be one of Jehovah’s Witnesses? May an employer ask what religion I am? Can I be rejected because I am one of Jehovah’s Witnesses? As an ex-JW, am I also protected against discrimination? What should I say about the years I pioneered or did other religious volunteer work? What if, in the past because of my faith, I didn’t want to do certain holidays or tasks? And what if somewhere it still says that I do not want a blood transfusion, while I now think differently about that? Your religious background is a private matter in most jobs. You do not have to tell an employer by default that you are, were, or why you left Jehovah’s Witnesses. Still, faith and work can sometimes intersect. In those cases, the right to equal treatment, privacy, and employment law are among the relevant factors. Are you protected against discrimination as one of Jehovah’s Witnesses? Yes. In the Netherlands, religion is protected, among other things, by Article 1 of the Constitution and the General Equal Treatment Act (AWGB). An employer may not simply make distinctions based on someone’s religion or belief, including in recruitment and selection, employment conditions, promotion, and the termination of an employment relationship. The Netherlands Institute for Human Rights also handles individual discrimination complaints in the field of employment. That means, for example, that an employer may not simply reject you because he does not want Jehovah’s Witnesses in his company. And if you are no longer one of Jehovah’s Witnesses? That matters too. Freedom of religion does not only include the freedom to have and profess a faith. It also includes the freedom to change convictions or to not believe. The Institute also 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 unfavorably because of that person’s religious background or change of conviction may therefore run into equal-treatment rules. Think, for example, 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 do not fit in our company.” Those are very different situations from an employer who criticizes concrete behavior or job performance. Not every workplace conflict involving an ex-JW is discrimination. There must be a connection between the unequal treatment and a legally protected ground. May an employer ask about your religion during a job interview? Some nuance is needed here. According to the Dutch central government, an employer should only ask questions during an application process that are relevant to the job. Questions about private matters do not normally belong in a job interview. So in a regular 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 if the answer is used as a selection criterion. But the rule is not absolute. For certain positions within organizations with a religious or ideological basis, a particular conviction may under legal conditions be an occupational requirement. The Dutch central government states, for example, that such a requirement can only be justified if it is truly 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 regular job application, your faith is in principle private, and questions that are not relevant to the job do not belong in the selection process. Exceptions may apply in special situations. “Do you actually 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 any objections to birthdays at the office?” In that case, context matters. An employer may, for example, have a legitimate reason to ask: “Are you available to work on 25 December?” That is different from: “What religion do you have?” 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. Of course, you may choose to tell your background yourself, for example because you want to explain a period on your résumé or because you have a good relationship with colleagues. But you do not need to turn a job interview into an explanation of your religious background. A practical question might 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 at length. The gap in your CV For some former Jehovah’s Witnesses, their religious life may have affected their education and work history. Perhaps you pioneered for years, did a lot of volunteer work, worked part-time, or made choices that make your CV look different from those of your peers. That does not have to be presented solely as a “gap.” Religious volunteer work may also have given you experience in things like: planning and organizing; speaking 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 entire religious history. 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 this was within Jehovah’s Witnesses, of course you may. What if your employer knows you are a Jehovah’s Witness? Disclosing that you are a believer does not mean an employer may then treat you differently because of that conviction. For example, an employer may not say: “We’re not giving you a promotion because Jehovah’s Witnesses don’t fit into management.” The Dutch Institute for Human Rights can assess discrimination on the basis of religion in matters including recruitment and selection, employment conditions, and entering into or ending an employment relationship. At the same time, as an employee you still remain bound by normal job requirements. Religion does not mean every personal preference must automatically be accommodated by the employer. Religious rules versus employer rules Sometimes religious beliefs clash with rules or work tasks. Think of: clothing; religious symbols; working hours; holidays; certain duties; 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, factors such as whether there is a legitimate aim and whether the chosen measure is appropriate and necessary become relevant. 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. An apparently neutral rule can affect some religious groups much more strongly than others. And what about holidays? Jehovah’s Witnesses do not celebrate Christmas and 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 can also be emotionally new. Taking part in a Christmas drinks gathering or a birthday celebration at work for the first time can be something very different from a legal issue. What if colleagues make remarks? Discrimination does not have to come only from the director or HR department. Think, for example, of remarks 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 unpleasant remark is not automatically legal discrimination. Context, severity, frequency, and the employer’s response may be relevant. Employers do have responsibilities regarding a discrimination-free workplace. The Institute can also assess complaints about discrimination in the workplace. When remarks become repeated or systematic, you can document them and, for example, discuss them with a manager, HR, a confidential adviser, works council, or trade union. Can you be fired because of your faith? An employer may not end an employment contract because someone is a Jehovah’s Witness . The prohibition on discrimination on the grounds of religion also applies when ending employment relationships. But here too, the wording matters. The fact that someone is a Jehovah’s Witness does not protect that person from dismissal for other legitimate reasons. There is a difference between: “We’re dismissing you because you are a Jehovah’s Witness.” and: “You do not meet the requirements of the job.” In a dispute, the key question may be what the real reason for the decision was . What if you think you were turned down or dismissed because of your JW background? Keep as much concrete information as possible. Think of: the vacancy posting; emails and messages; evaluations; records of conversations; comments about your faith; date and attendees of conversations; the reason given for the rejection or dismissal. If there are verbal remarks, 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 afterwards? That is much more useful than only writing afterwards: “I think they didn’t want me because I’m an ex-JW.” Old blood declarations A very different issue can arise if, as a Jehovah’s Witness, you once put in writing that you refused certain blood transfusions and you now think differently about that. Do not assume that an old medical declaration has automatically disappeared everywhere once you leave Jehovah’s Witnesses. Check which advance directives or notes are known to the 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 permission from the congregation. If you have withdrawn a written refusal, it is wise to discuss this clearly with your GP 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 people about it.” You do not have to hide your JW past out of shame. But you also do not 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 role or a specific legal situation. Where can you go if you may be facing discrimination? If you suspect that you have been 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 judgment by a court, but it can still be significant in a dispute. Depending on the situation, you can also seek help from, for example, an anti-discrimination agency, trade union, legal aid provider, or employment lawyer. In dismissal cases, short legal deadlines may apply. So if there is a concrete dismissal dispute, do not wait unnecessarily long before seeking legal advice. Finally Being a Jehovah’s Witness, having been a Jehovah’s Witness, or no longer being religious says nothing in itself about your suitability as an employee. In an ordinary job application, you do not have to explain your entire 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 takes precedence over other interests. Sometimes the employee’s rights, the requirements of the job, and the employer’s interests have to be weighed against one another. So perhaps the most important practical question is: “Am I being judged on how I do my work — 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 work 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.