Compensation Criminal liability Discrimination
Article 14 prohibits direct discrimination or indirect discrimination, harassment, incitement to discrimination based on a number of protected criteria: age, sexual orientation, civil status, birth, wealth, faith or personal belief, ethnic conviction, political belief, union belief, current or future health condition, disability, physical or genetic characteristic, social status, and language.
The General Anti-Discrimination law, if violated, imposes the following sanctions or offers the following remedies:
- 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).
Law / 10 May 2007 / Belgium / Law of 10 May 2007 on Combatting Certain Forms of Discrimination (The General Anti-Discrimination Act)
The Law of 10 May 2007 (the General Anti-discrimination Law) bans discrimination based on the following protected criteria: age, sexual orientation, civil status, birth, wealth, faith or personal belief, ethnic conviction, political belief, union belief, current or future health condition, disability, physical or genetic characteristic, social status, and the language. The law prohibits direct discrimination or indirect discrimination, harassment, incitement to discrimination based on these grounds, and the refusal to provide reasonable accommodation for employees with disabilities.