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
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
Gender equality in access to good and services
On 9th March 2015, the Belgian Court of cassation decided to submit a preliminary ruling to the Court of Justice of the European Union on the compliance of the prohibition to wear the headscarf at work (private company) with the Council Directive 2000/78/EC of 27 November 2000 (direct discrimination)