Application domains

The law of 28 November 2006 on equal treatment applies to all people, whether public or private, natural persons or legal persons and including public institutions, with regard to:

  1. the conditions for accessing occupations, non-salaried activities or work, including the selection criteria and recruiting conditions, irrespective of the business branch and on all levels of the professional hierarchy, including with regard to promotion;
  2. access to all types and all levels of professional orientation, professional training, improvement and occupational retraining, including the acquisition of practical experience
  3. employment and working conditions, including conditions pertaining to dismissal and compensation;
  4. affiliation with and involvement in an organisation of workers or employers, or any organisation of which the members carry out a given profession, including any benefits resulting from organisation of this type;
  5. social protection, including social security and healthcare;
  6. social benefits;
  7. education;
  8. access to goods and services and the supply of goods and services as made available to the public, including with regard to accommodations.

Without prejudice to the application of Chapter I of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on the free movement of workers within the Union, this law does not apply to differences in treatment based on nationality applied under the provisions and conditions relating to the entry, residence and employment of third-country nationals and stateless persons in the national territory and any treatment related to the legal status of third-country nationals and stateless persons concerned.

Points a) and c) above exclude civil servants, State employees and trainee civil servants pursuant to article 1st of the modified law of 16 April 1979 determining the general status of civil servants of the State as well as persons likely to access one of the predefined statuses or systems, provided that these persons are duly identified in their relations with the public authority that is hiring them, in its capacity as employer.

Payments of any kind made by public or similar plans, including public social security or health protection plans do not fall within the sphere of the present law with regard to its prohibition of all discrimination based on criteria other than race or ethnic group.

Point h) above does not apply to insurance contracts with regard to age and handicap, and provided that the dispensation is both objectively and reasonably justified.