The law of 10 May 2007 to fight discrimination between women and men prohibits any discrimination based on the criterion of sex.

In 2020, the list of criteria linked to the criterion of “sex” was extended to also cover the following circumstances: pregnancy, childbirth, breastfeeding, maternity, adoption, medically assisted procreation, gender identity or expression or sexual characteristics, sex change, paternity and co-maternity.    

In 2023, the protection offered by the 2007 law was further extended on the occasion of the transposition of the EU Directive 2019/1158 :

• the words “of sex” are replaced by the words “of a protected criterion” ;

• a new “protected criterion” is introduced, namely “family responsibilities”.

By introducing this criterion, the legislator wishes to protect people with family responsibilities and enable them to perform their duties without being discriminated against. Thus, an employee is now protected as soon as he or she informs his or her employer of his or her intention to take parental or adoption leave in the future, or, for example, when he or she applies for more flexible work within the meaning of CLA No. 162.

The provisions are criminally sanctioned. Furthermore, if the employer is found guilty of discrimination, he is obliged to pay the employee compensation equivalent either to the amount of the damage actually suffered or to a lump sum of up to six months’ pay.

For more information on this subject, please contact Mr Carl VANDER ESPT.

With our best regards

Team Cairn Legal