Belgium
Non-discrimination law | Sébastien van Drooghenbroeck | This email address is being protected from spambots. You need JavaScript enabled to view it. |
Gender equality law | Nathalie Wuiame | This email address is being protected from spambots. You need JavaScript enabled to view it. |
Legal developments
New powers of enforcement for the Labour Inspectorate in employment matters
On 16 February, UNIA published its Diversity Barometer on Education
The Brussels’ Ordinance setting up new anti-discrimination tools on the job market has been published
Maternity protection
The Expert Commission for the assessment of the 2007 Anti-discrimination Federal Acts delivered its first annual report
The Belgian Court of Cassation rendered its judgment in the Achbita case following the ruling of the Court of Justice concerning the ban of wearing religious symbols at work
Maximum age as an occupational requirement not discriminatory according to the Belgian Council of State
Legislative Bill voted by the Brussels Parliament allowing new methods for labour inspectors to struggle against discrimination on the job market
Gender based actuarial factors
Dismissal related to maternity and health
May a private employer ban the wearing of religious symbols at work
Conditions for maternity benefits under Healthcare and Sickness Insurance
Unequal reimbursement of medications
Fighting all forms of gender based violence
Extension of maternity leave and increased flexibility
Gender equality in statutory social security
Gender equality in statutory social security and remuneration
The Parliament of the French Community brought amendments to the French Community anti-discrimination legislation on positive action
Maternity protection
Gender equality in employment: maternity protection
On 9 March 2015, the Labour Tribunal of Mons and Charleroi ruled that the lay-off of an employee suffering from multiple sclerosis constituted direct discrimination and violated the obligation of reasonable accommodation. It convicted the defendant to pay 17.319,48 euro compensation for damages corresponding to six months’ salary.
On 18 May 2015, the Labour Tribunal of Brussels ruled that the prohibition to wear the headscarf at work did not constitute discrimination on the ground of religion or belief. The Labour Tribunal referred to previous similar decisions of the Labour Courts of Appeal of Brussels and Antwerp.
On 17 March 2015, the Labour Tribunal of Antwerp ruled that an employer who sent offensive emails on the religion of his employee did not discriminate against him. According to the Tribunal, the applicant failed to prove that he had been treated differently from the other employees because of the offensive emails.
Gender equality in access to good and services