Why discrimination claims are successful?

In the 2026 legal landscape, the fight against discrimination in the housing market and the workplace has been taken to a new level. Where claims in the past were often based on a lack of evidence or a vague burden of proof, we are now seeing a significant increase in the number of successful cases. This is not only due to increased social awareness, but above all to the sophistication of the legislation and how judges and supervisors deal with the “reversal of the burden of proof”. When a prospective tenant or employee feels unfairly treated, the Dutch legal system will provide powerful tools to demonstrate this in 2026.

The success of a discrimination claim in 2026 depends on a combination of technical evidence, procedural errors by the other party and strict compliance with the Good Landlord Act and the General Equal Treatment Act (Awgb). In this article, we analyze the fundamental reasons why discrimination claims are increasingly being granted by the courts in today's market.

The shift in the burden of proof

The main reason for the success of modern discrimination claims is the legal distribution of the burden of proof. In civil cases involving equal treatment, the claimant (the injured party) does not have to prove conclusively that there has been discrimination in 2026. It is sufficient to provide facts that may suggest discrimination.

As soon as the plaintiff makes it plausible that there is a difference in treatment based, for example, on origin, religion, gender or sexual orientation, the burden of proof shifts to the defendant (the landlord or employer). In 2026, the defendant must then demonstrate that no action was taken in violation of the law. If the landlord cannot provide an objective, non-discriminatory reason for rejecting the candidate, such as a low income or not meeting specific housing needs, the claim succeeds.

Mystery guest investigations and digital traces

In 2026, evidence collection was professionalized. Successful claims are often based on the results of practical tests, also known as “mystery guest” studies. Municipalities and specialized anti-discrimination agencies will deploy test panels on a large scale in 2026 to determine whether rental agents select based on surname or accent.

In addition, in today's digital society, landlords and employers often leave traces unconsciously. WhatsApp chat messages, internal emails between broker and owner, or recordings of phone calls saying the owner “would rather not want people from that culture” are fatal to the defense in 2026. The technological ability to reconstruct this communication and present it as evidence in proceedings before the subdistrict court or the College of Human Rights significantly increases the success rate of claims.

Lack of transparent selection procedures

Since the introduction of the Good Landlord Act, landlords and mediators have been obliged to use a clear and transparent selection procedure. A discrimination claim often succeeds in 2026 simply because the landlord did not comply with these procedural rules.

The law requires that:

• The selection criteria are public and clear in advance.
• The reason for a rejection is objectively substantiated.
• No questions are asked that are not relevant to the execution of the rental agreement.

If a landlord rejects a candidate in 2026 without a proper justification, or if the justification does not meet the pre-set criteria, the court will immediately see this as an indication of discrimination. The absence of a written procedure makes the landlord's position legally unsustainable.

The influence of algorithms and AI audits

In 2026, many major rental platforms and recruitment agencies will use algorithms to filter candidates. Successful claims are increasingly focusing on the “systemic discrimination” in this software.

The Dutch regulators will carry out strict audits on these systems in 2026. If an algorithm unconsciously excludes certain groups (for example, by making postal codes or certain preliminary courses more important), the user of the software is liable. Claims against companies that have not had their AI models tested for “bias” (bias) are almost guaranteed to succeed in 2026, because the company cannot prove that the process was neutral.

The role of the College of Human Rights

Although the College of Human Rights (CRM) cannot impose fines, an opinion by this body in 2026 is worth gold in legal proceedings. In more than 80% of the cases where the Board finds that there is discrimination, the subdistrict court follows this opinion in a subsequent civil case about compensation.

The CRM process is easy and free of charge for the injured party. Successful claims often start here; the College's expertise helps to uncover the facts and clarify the legal definition of the discrimination. A positive opinion from the CRM will serve as a powerful means of pressure in settlement negotiations in 2026, so that many cases do not even have to go to a full court case.

Increased willingness to enforce by municipalities

Finally, discrimination claims are more successful in 2026 because municipalities take their role as enforcers seriously. Under the Good Landlord Act, municipalities can impose fines of up to €25,000 in the event of discrimination, and even take over the management of the home repeatedly.

A tenant who reports successfully to the municipality sees that this report serves as evidence in a civil procedure. As a result, the government acts as an ally of the citizen. The threat of public “naming and shaming” and the loss of the rental license forces landlords to accept settlements that are beneficial to the discriminated party. In 2026, the fear of government repression will be a catalyst for acknowledging false claims.

The success of discrimination claims in 2026 is therefore not based on a single factor, but on a comprehensive ecosystem of transparent rules, technological control and a legal structure that puts citizen protection first.