For the first time in Belgium, an employer has been prosecuted by the Brussels Labour Court for (indirect) discrimination as the company did not have a prevention policy focusing on sexual harassment. 

In a landmark case brought by the 'Instituut voor de gelijkheid van mannen en vrouwen' [Institute for the Equality of Women and Men], a Belgian court has ruled that the lack of a sexual harassment policy amounts to indirect discrimination against female employees. The organisation in question was prosecuted as failing to have an effective policy in place meant that victims were not offered sufficient protection and no adequate procedure was available for following up complaints.

“Employers are obliged by law to carry out a psychosocial risk assessment and communicate the contact details of an external prevention adviser”, says Koen Van Hulst, Head of Psychosocial Aspects at Mensura. “It’s crucial that the risk assessment identifies risk factors from both men’s and women’s perspectives.”

“In addition to a risk assessment, it’s also important to raise employees’ awareness around the subject. Any potential victims of such behaviour should know who they can turn to and what happens next once they have filed a report. Anyone who witnesses harassment also benefits from increased awareness so they can react appropriately.”

Read more:

- Sexual Harassment at Work: Informal and Formal Procedure - Mensura
- Sexual harassment at work: how should you respond? - Mensura