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The Council of State has ruled that in performing an inspection under the Foreign Nationals (Employment) Act the Inspectorate has discriminated.

It has become apparent that the inspector exclusively asked dark-haired, darker skinned employees present at the work location to identify themselves, assuming they were foreign nationals. The Council of State held this was an unlawful distinction based on appearance and contrary to Section 1 of the Constitution.  As they were unlawfully obtained, the statements may not be used as evidence, and for that reason the Council annulled the penalty imposed.     

Read the ruling (in Dutch).

For more information, please contact Bram van Melle.

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