Discrimination based on civil status, household composition and family responsibilities
A single-parent family struggling to find housing, a caregiver who is refused a promotion... Discrimination on the basis of marital status, household composition or family responsibilities can happen anywhere.
Definition of criteria
The anti-discrimination legislation includes three criteria:
- The criterion of civil status is present in all legislation. It refers to a person’s marital status. A person can be single, married, legally or de facto cohabitating, widowed, etc.
- The criteria for household composition and family responsibilities refer to fairly similar concepts. Both refer to people occupying the same dwelling, but also to situations linked to the care of children or close relatives in vulnerable situations (with or without caregiver status).
Examples
- A family with two children is refused an apartment because “the building is occupied by elderly people who need peace and quiet".
- A woman caring for her elderly father at the end of his life, at home, is refused a managerial position because her employer believes that she will not be able to focus 100% at work and in private at the same time.
- A landlord only wants to rent his property to families and not to friends sharing the accommodation.
- A dance hall requires married couples for Latin dance lessons, "to avoid becoming a dating club."
FAQ regarding the criteria
Open Some hotels charge a supplement for a single room. Is this discrimination?
We do not believe that charging a higher rate for single rooms constitutes direct discrimination on the basis of marital status. Hotels do not charge more for single rooms because you are single. They only charge extra because a room is booked for just one person. These rooms can perfectly well be booked for a married tourist travelling alone, for example. And two single friends who book a room for two people together will not have to pay a supplement.
This could possibly involve indirect discrimination based on marital status, which is also prohibited by law. In that case, it all depends on how the hotel justifies this difference in treatment.
Open Is it justified to refuse to rent a two-bedroom apartment to a family of 6 (2 adults and 4 children)?
If refused, this would be a refusal of housing on the basis of household composition/family responsibilities. This difference in treatment could be justified by the overcrowding rules set out in regional legislation. As an owner, you are required to comply with these regulations.
Discrimination on the basis of civil status in the law
- The term “civil status” is used in all legislation at all levels of government.
- The term “household composition” is used by the legislation applicable in Wallonia.
- The criterion of “family responsibilities” is found in Brussels and federal legislation.
In Flanders, the anti-discrimination decree equates a difference in treatment based on household composition to a distinction based on civil status.
Currently, only the texts of the German-speaking Community and the French Community do not include these criteria.
A difference in treatment on the basis of these criteria is not discrimination if it is objectively and reasonably justified.
In the field of employment, certain laws provide for an essential professional and determining requirement to justify a difference in treatment based on the criterion of family responsibilities.
Find out more about discrimination
Discover all discrimination criteriaOrigin or social condition
Discrimination, for example, because you are homeless, belong to a certain social class or have been in prison.
Report discrimination
Do you feel you have experienced or witnessed discrimination? Report it online or call the toll-free number 0800 12 800 on weekdays between 9.30 a.m. and 1 p.m.