Employment discrimination: field tests and ‘mystery calling’ in Brussels

From 1 January 2018 the regional employment inspectors can carry out employment discrimination tests in the Brussels Capital Region. These tests will take the form of field tests or ‘mystery calling’. The aim is to intensify the fight against employment discrimination (on the basis of criteria such as gender, age, race, religion, etc.).

Discrimination tests

General conditions

The discrimination tests can be carried out by the regional employment inspectors under false identities by means of post, electronically or by telephone.

These tests must meet the following conditions:

• they must not be of a provocative nature and besides:
  • they must be limited to the creation of the opportunity to reveal discriminatory practices by imitating a recruitment or employment procedure without exaggeration
  • they must not have as a consequence that a discriminatory practice is created, strengthened or confirmed whilst there was no serious indication of practices that could have been considered as direct or indirect discrimination.
• they can only be used upon complaints or reports and on the basis of serious indications of practices that can be considered as direct or indirect discrimination with an employer or in a specific activity sector.

All actions taken during the discrimination test and the results thereof shall be laid down in a report.

Field test or ‘mystery calling’

The discrimination tests will take the form of field tests or ‘mystery calling’.

The field test consists of the sending by the regional employment inspectors of pairs of similar job applications that only differ on one criterion that may give rise to discrimination (gender, age, race, religion, etc.).

 These applications are submitted in response to a job offer or as spontaneous applications.

‘Mystery calling’ consists of the contacting of an employer in order to check whether or not he meets a discriminatory request of a potential customer.

What if the discrimination test is positive?

When the discrimination test is positive, direct or indirect discrimination can be presumed. Thereupon the regional employment inspectors will hear the employer (who can be assisted by a person of his choice) before imposing a sanction, if necessary.

Source: order of 16 November 2017 with regard to the fight against employment discrimination in the Brussels Capital Region, Belgian Official Gazette of 21 November 2017.

Author: Catherine Legardien

15/12/2017