What is discrimination?
Discrimination can be based on the seven following reasons:
- membership or not, whether true or assumed, in a given race or ethnic group,
- sexual orientation,
- religion or beliefs,
- a handicap
- age or
NB: the CET is not competent for the ground of discrimination “nationality”.
Any direct or indirect discrimination based on these reasons is forbidden!
Direct discrimination occurs when a person is treated in a less favourable manner than another is being, has been or would be treated in a comparable situation, on the basis of one of the above reasons.
Indirect discrimination occurs when an apparently neutral provision, criterion or practice is likely to result in a particular disadvantage for people of a nationality, who belong (or not), whether in reality or supposedly, to a given race or ethnic group, or on the basis of sex, sexual orientation, religion or beliefs, a handicap or age, relative to other people, unless this provision, criterion or practice can be objectively justified and that the means to carry out this objective are appropriate and necessary.
Without prejudice to the specific provisions relative to sexual and psychological harassment in the workplace, harassment is considered to be a form of discrimination based on the reasons mentioned above, when undesirable behaviour linked to one of the aforesaid reasons is demonstrated, the purpose or effect of which is to threaten a person’s dignity and to create an intimidating, hostile, degrading, humiliating or offensive environment.
Any behaviour that involves calling on anyone to demonstrate discrimination against other persons for one of the aforesaid reasons is considered to be discrimination.