Discrimination at work is prohibited by law. If employees are unfairly treated regardless, they are protected from negative measures if they report the incident. That said, in Belgium, witnesses who stood up for the victim were only protected once they had submitted a formal statement. Following pressure by the European Union, this protection has now been expanded, meaning it also applies if no formal statement is submitted. 


Firing a pregnant employee, rejecting a job applicant because of their faith or failing to offer the same opportunities to people with a disability: these are just some examples of discrimination that are prohibited under Belgian legislation. Employees are personally protected from discrimination, but the same could not always be said about witnesses who spoke up about discrimination against colleagues. Fortunately, this will soon be changing.
 

Belgian legislation currently stipulates that witnesses to discrimination are only protected against negative measures if they submit a formal witness statement, but that condition will soon be scrapped. The exact date on which this change will come into effect depends on the date on which the Belgian Official Gazette publishes the new legislation.

As a consequence, employees who informally stand up for victims will also enjoy legal protection. That said, they do still need to report the incident to the Institute for Equality between Women and Men or another advocacy group. 

What's more, employers will also be subject to stricter regulations: in future, they will need to be able to demonstrate that a dismissal or missed opportunity for promotion is not linked to any report of discrimination.

It should be pointed out that protection does not apply when employees abuse the procedures. If a report proves to be unfounded, the employee may be liable to pay damage compensation.

The Gender Act, Racism Act, Discrimination Act and Welfare Act were also amended. More specifically around unwanted sexual behaviour, harassment and violence at work (with discrimination grounds). We will shortly be issuing further communication on these changes via our website, and we will be organising supervision meetings to inform confidential advisors about the impact of these changes in legislation and how they work.

Everyone is entitled to feel safe at work. As an employer, you bear a great deal of responsibility to make sure this is the case. Prevent discrimination and inappropriate conduct in the workplace using the following tips:

• Set clear rules around discrimination and inappropriate behaviour at work.
• Call employees who discriminate against colleagues or behave inappropriately to account.
• Create an open work environment in which employees feel safe to raise any issues.
• Remove as many barriers as possible to a conversation with the confidential advisor. Keep their contact details in a central place, and appoint confidential advisors that are well known within your organisation.
• Inform your confidential advisors about the changes in the law.
• Set a good example yourself: do not discriminate on the basis of sex, faith or age, and make sure you extend that to new job applications.
• Check whether discrimination or inappropriate conduct are happening within your organisation and what the possible causes for this might be.

Discrimination and inappropriate conduct are a sensitive issue. Still, it should go without saying that every employee must feel good at work. With a carefully considered anti-discrimination policy, you can create a safe work environment for everyone. Our experts will be happy to help you with this. Complete the form below and we will be in touch as soon as possible.