Articles 12-28

homepage-img2

flag Belgium

Compensation Criminal liability Discrimination

Article 12 prohibits direct discrimination or indirect discrimination, harassment, and incitement to discrimination based on race, colour, ancestry, national/ethnic origin and nationality. The same sanctions or remedies apply as for the General Anti-Discrimination law.

  • Criminal penalties: for violation of the above-mentioned laws, the offender who is found guilty of discrimination will be punished by imprisonment of 1 month to 1 year or a fine between 50 EUR and 1000 EUR, or both imprisonment and a fine (heavier penalties for the offender if he or she is a civil servant);
  • Provisions that are contrary to the laws can be declared invalid;
  • The employee against whom detrimental measures are taken by an employer is protected from such measures. e.g.: if a person files a complaint (either for himself or herself or for the benefit of another person) on grounds of a violation of the above-mentioned laws committed by the employer, the employer may not take detrimental measures against this person except if such measures are imposed on grounds unrelated to the complaint. If the employer takes a detrimental measure against the person who has lodged the complaint on grounds related to the complaint, the employee may request that he or she be reintegrated into the company under the same conditions as previously applicable.
  • Monetary compensation in the event of detrimental discrimination: if the employer does not accept the employee’s request for reintegration (or if the employer changes the employment conditions), the employee may seek from the employer a fixed compensation equal to 6 months of gross wages or the amount equivalent to the value of the actual damage he or she suffered (on the condition that the employee proves the actual damage and the extent of it).

Link to full text

/ Belgium / Law of 10 May 2007 on Supressing Certain Acts Inspired by Racism or Xenophobia

The Law of 10 May 2007 on suppressing certain acts inspired by racism or xenophobia forbids discrimination based on race, colour, ancestry, or the national/ethnic origin and the nationality. This Law prohibits direct discrimination or indirect discrimination, harassment, and incitement to discrimination based on these grounds.