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Job discrimination happens when an employer or recruiter treats someone less favorably because of a protected characteristic rather than merit. In Belgium, including Woluwe-Saint-Pierre - Sint-Pieters-Woluwe in the Brussels-Capital Region, the law prohibits direct discrimination, indirect discrimination, harassment linked to a protected ground, instructions to discriminate, and retaliation against someone who asserts their rights.
Protected characteristics include, among others, sex, pregnancy and maternity, gender identity and gender expression, so-called race, skin color, descent, national or ethnic origin, nationality, religion or belief, disability, current or future state of health, age, sexual orientation, civil status, birth, wealth, social origin, language, political opinion, and trade union membership or activity. The rules apply to recruitment, selection, internships, employment conditions, pay, promotion, training, disciplinary measures, and dismissal. Both public and private sector employers must comply.
Belgian law also requires reasonable accommodation for workers with disabilities, and it protects employees who make a good-faith complaint or assist in an investigation. In Brussels, specific language and regional rules may apply to certain documents and public bodies, but these cannot be used to justify unequal treatment without a legitimate and proportionate reason.
You may need a lawyer if you were rejected for a job after being asked unlawful questions about your family situation, religion, health, age, or other protected criteria. Legal help is often essential if you were dismissed or sidelined soon after announcing a pregnancy, taking parental leave, requesting a reasonable accommodation, or filing a discrimination complaint.
Other situations include unequal pay compared to colleagues doing substantially similar work, being passed over for promotion due to age or origin, workplace harassment linked to a protected ground, not receiving reasonable accommodations for a disability, or facing retaliation after contacting a union, Unia, or the Institute for the Equality of Women and Men. A lawyer can assess evidence, preserve deadlines, communicate with the employer, negotiate a settlement, or bring a case before the Brussels Labor Tribunal.
Because the burden of proof can shift to the employer once you show facts that indicate discrimination, early legal advice can help you gather the right documents, witness statements, and objective comparators. A lawyer can also coordinate with the labor inspectorate or equality bodies, and advise on confidentiality and language-of-procedure choices in Brussels.
Belgium regulates workplace equality primarily through federal laws that apply throughout the country. Key instruments include the General Anti-Discrimination Act, the Gender Act, and the Anti-Racism Act. These prohibit discrimination, harassment, and retaliation in employment and provide remedies such as cessation orders, damages, and nullity of discriminatory clauses. Collective Bargaining Agreement No. 38 sets non-discriminatory rules for recruitment and selection.
Reasonable accommodation for persons with disabilities is mandatory unless it would impose a disproportionate burden on the employer. Pregnancy and maternity are specifically protected, including during recruitment and throughout employment. Job advertisements and selection tests must be relevant to the job and cannot unlawfully exclude candidates based on protected criteria.
In Brussels-Capital Region, administrative language rules may affect how employment documents are drafted and which language is used in dealings with authorities. Private employers must respect rules on language use in social documents without using language requirements to exclude candidates unlawfully. Language knowledge can be required only if it is genuinely necessary for the job and the level required is proportionate.
The well-being at work framework also prohibits psychosocial risks, including harassment and sexual harassment, and sets out internal procedures with a prevention advisor psychosocial aspects. Where harassment relates to a protected characteristic, both the well-being rules and anti-discrimination laws may apply, offering complementary protections.
Employees who report discrimination in good faith are protected against retaliation. If adverse action follows a complaint or cooperation with an investigation, special compensation and remedies can apply. In litigation, once the worker shows facts suggesting discrimination, the employer must prove that its decisions were objectively justified and unrelated to a protected ground.
It includes direct unfavorable treatment because of a protected characteristic, neutral rules that disadvantage a protected group without objective justification, harassment tied to a protected ground, instructions to discriminate, and retaliation for asserting rights. Examples include refusing to hire a qualified candidate because of a headscarf, requiring medical details not relevant to the job, or dismissing someone after they filed a discrimination complaint.
Use a combination of facts that create a presumption, such as comparative evidence with colleagues, statistical data, inconsistent explanations, timing suggesting retaliation, discriminatory job ads, or patterns in recruitment. Keep emails, notes of meetings, payslips, performance reviews, and witness accounts. Once you show indicative facts, the burden can shift to the employer to justify its actions.
Yes, but only if the language level is genuinely necessary for the job and proportionate. In Brussels-Capital, language use in employment documents is regulated, and discrimination cannot be justified by arbitrary language rules. Excessive or unrelated language demands can be unlawful.
It is an adjustment that enables a person with a disability to apply, work, or progress on equal footing, such as adapted schedules, accessible tools, assistive technology, or task reallocation. Employers must provide accommodations unless this would impose a disproportionate burden, taking into account the company size and resources.
No. Questions that directly or indirectly reveal protected information and are not essential for the job are generally prohibited. You do not have to disclose pregnancy, family plans, or unrelated health details when applying for a job.
Document the behavior, dates, locations, and witnesses. Report it using your employer’s procedures and contact the prevention advisor psychosocial aspects. If it is linked to a protected characteristic, you can also contact Unia or the Institute for the Equality of Women and Men. Seek legal advice early, especially if the situation affects your health or employment.
Belgian law protects you when you make a discrimination complaint in good faith or assist with an investigation. Employers must not take adverse action because of your complaint. Keep records of any changes in treatment, performance reviews, or schedules after your complaint, and consult a lawyer to manage communications and protective measures.
Employment discrimination disputes are typically brought before the Brussels Labor Tribunal. Cases can be handled in French or Dutch according to language-of-procedure rules. Equality bodies may also intervene or support your case.
Time limits can vary based on the type of claim and procedure. Some actions have relatively short deadlines, while others allow several years. Because the details are technical, contact a lawyer or an equality body as soon as possible to preserve all options and meet applicable time limits.
Possible outcomes include stopping the discriminatory practice, removing or nullifying discriminatory clauses, compensation for financial and moral harm, reasonable accommodations, and protective measures against retaliation. Many cases settle through negotiation or mediation, while others proceed to a court decision.
Unia, the Interfederal Centre for Equal Opportunities, provides information, mediation, and support for discrimination based on protected characteristics other than gender. You can contact them to discuss your situation and possible next steps.
The Institute for the Equality of Women and Men offers advice and legal assistance in cases of sex and gender discrimination, including pregnancy and parental rights.
The Federal Public Service Employment, Labour and Social Dialogue, via the Social Laws Inspectorate in Brussels, can investigate breaches of labor and anti-discrimination laws.
Brussels Labor Tribunal can provide procedural information about bringing a claim in employment matters in the Brussels-Capital Region.
Equal.brussels is the Brussels-Capital Region administration unit promoting equal opportunities and can guide residents to appropriate services.
Trade unions, including the main Belgian unions, can assist members with advice, representation, and collective support in discrimination cases.
Legal aid services in Brussels, including the Bureaux d’aide juridique and their Dutch-speaking equivalent, provide first-line advice and, if eligible, second-line subsidized or free representation.
The prevention advisor psychosocial aspects within your company can activate internal procedures to address harassment and psychosocial risks at work.
Write down what happened, when, where, and who was present. Save job ads, emails, messages, schedules, payslips, and performance documents. Keep a private log of events and any witnesses who can confirm your account.
If safe, use internal channels such as HR or the prevention advisor psychosocial aspects to report issues and request a written response. Ask for reasonable accommodations if needed and confirm requests in writing.
Contact Unia for discrimination cases outside gender and the Institute for the Equality of Women and Men for gender-related issues. They can assess your situation, help you formulate requests, and support mediation or legal action.
Consult a labor lawyer in Brussels to evaluate your legal position, the strength of your evidence, and the best forum. A lawyer can advise on the language of procedure, confidentiality, settlement options, and how to avoid missing deadlines.
Consider filing a report with the Social Laws Inspectorate if you suspect systemic or serious breaches. This can run in parallel with negotiation or court action.
If negotiation is not possible or fails, prepare for a claim before the Brussels Labor Tribunal. Your lawyer will help draft filings, request evidence, and argue for cessation orders and compensation as appropriate.
Throughout the process, prioritize your well-being. If the situation affects your health, consult your physician and consider temporary adjustments or leave consistent with medical advice while your case proceeds.
