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