Discrimination: the list of prohibitions is getting longer

The list of gender-related criteria on the basis of which the employer may not discriminate against his employees has been modified.

Indeed, the Act of 10 May 2007 on the fight against gender discrimination now prohibits discrimination on the grounds of, in particular, paternity and co-maternity.

Prohibition of discrimination M/F: what is foreseen?

The Act of 10 May 2007 on the fight against gender discrimination provides that distinctions between employees based on the criterion of gender (and gender-related criteria) constitute discrimination if they cannot be justified.

An employee who considers himself a victim of discrimination on grounds of gender may bring an action before the labour court on the basis of facts which give rise to a presumption of discrimination. It will then be up to the employer to prove that there has been no discrimination.

The employer found liable for an act of discrimination will have to pay compensation corresponding either to the damage actually suffered by the employee or to a lump sum equal (in most cases) to 6 months' pay.

What are the gender-related criteria?

So far, the gender-related criteria on the basis of which the employer may not discriminate against his employees are the following:

• pregnancy
• childbirth
• maternity
• gender reassignment
• gender identity
• gender expression.

To this list, the following criteria must now be added:

• paternity
• co-maternity

• breastfeeding
• adoption
• medically assisted procreation
• gender characteristics.

This new list of gender-related criteria will apply from 9 March 2020.

Source: Act of 4 February 2020 amending the Act of 10 May 2007 on the fight against gender discrimination with regard to the prohibition of discrimination against paternity or co-maternity, Belgian Official Gazette of 28.02.2020.