Intersectional discrimination

Sex combined with another ground

Intersectional discrimination covers pay discrimination where sex combines with another protected ground: racial or ethnic origin under Directive 2000/43/EC, or religion or belief, disability, age or sexual orientation under Directive 2000/78/EC, as recital 25 of the Pay Transparency Directive lists them. The recital names women with disabilities, women of diverse racial and ethnic origin including Roma women, and young or elderly women among the groups who may face it, and says the clarification lets courts, equality bodies and other authorities take the combination into account to recognise discrimination, choose the comparator, assess proportionality and set compensation or penalties.

The Directive does not create a separate claim. It counts intersectional discrimination as a form of discrimination for its purposes (Article 3(2)) and gives it weight at three points: compensation covers damage caused by other relevant factors, which may include intersectional discrimination (Article 16(3)); penalties take it into account as a possible aggravating factor (Article 23(3)); and the monitoring body raises awareness of it (Article 29(3), point (a)).

Article 3(3) sets the limit for employers: the concept entails no additional obligation to gather data on protected grounds other than sex. Pay gap reports stay split by sex only.

The Dutch bill

The definitions the Dutch implementing bill (Kamerstuk 36949) adds to Article 1 of the Wet gelijke behandeling van mannen en vrouwen do not include intersectional discrimination. As at 13 October 2026 the bill is not yet law.