What does Belgian law say about discrimination in recruitment ?

What does Belgian law say about discrimination in recruitment ?

12 September 2025

Discrimination in hiring remains a reality in Belgium, despite a strict legal framework. Many candidates fear that criteria such as age, origin or gender unfairly influence the hiring process. Testimonials and court cases show that this phenomenon remains a cause for concern.

1. What does Belgian law say ?

The law of 10 May 2007 prohibits any discrimination based on so-called ‘protected’ criteria: age, gender, origin, religion, disability, sexual orientation, marital status, etc. Since July 2023, the legislation has been strengthened :

• recognition of multiple discrimination (several criteria combined) ;
• recognition of discrimination by association (via a close person ;
• recognition of discrimination by presumption (when a characteristic is assumed) ;

In cases of proven discrimination, the victim may receive lump-sum compensation equivalent to six months' gross salary. If several criteria are involved, these compensations may be combined.

2. Discrimination in recruitment: what forms does it take ?

Discrimination can manifest itself in different ways :

• an explicit refusal to hire based on age or origin ;
• intrusive questions during the interview (marriage, children, religious beliefs) ;
• stereotypes about supposed skills based on gender, appearance or mother tongue ;

Even when it is not written down in black and white, discrimination can be proven by evidence (internal emails, testimonies, statistics), which allows the burden of proof to be reversed in court.

3. Concrete example : the accounting firm in Grimbergen

In May 2025, the Dutch-speaking labour court in Brussels convicted an accounting firm in Grimbergen of double discrimination in hiring. A 34-year-old woman had applied for a job through Actiris. In an internal email, the firm's manager had noted : ‘Not too bad, but black and old.’ This message was used as evidence in court. The judgment concluded that there had been direct discrimination on the basis of age and skin colour/origin. The firm was unable to demonstrate any professional requirements that would justify this treatment.

Penalty :

• 6 months' gross salary for age discrimination ;
• 6 months' gross salary for discrimination based on origin ;

In total, the firm was ordered to pay €21,648 to the candidate. The court also rejected the defence's arguments, notably that the email was an internal communication and therefore not intended for the candidate, and that the firm had already employed people from immigrant backgrounds. These factors were not sufficient to rule out the presumption of discrimination.

4. The role of candidates and employers

For candidates : It is not necessary to provide sensitive personal information (age, family situation, etc.) in a CV. If you suspect discrimination, you can contact Unia, take the matter to the labour court, or request the intervention of Actiris, depending on the context.

For employers : It is essential to remain vigilant in all internal and external communications, as even an email or internal memo can be used as evidence in court. Training and internal policies must be put in place to prevent recruitment bias and ensure equal opportunities.

5. What should you do if you experience discrimination during the hiring process ?

If you believe you have been discriminated against in the hiring process :

• Report the situation to Unia : the inter-federal centre for equal opportunities can provide you with information, support and guidance on the procedure ;
• Take the matter to the labour court if necessary, to assert your rights and obtain compensation ;
• Contact Actiris or the relevant regional organisation if discrimination occurs in the context of a job search through their services ;

6. Conclusion

Belgian law strongly protects job applicants against discrimination in recruitment, and the courts do not hesitate to punish companies that break the law. The Grimbergen case is a recent and striking example of this. The best strategy remains to focus on your skills and to use the existing legal mechanisms in cases of discrimination. Transparency and justice remain the best weapons for ensuring equal opportunities.