Discrimination on the basis of gender
Gender discrimination occurs when one person is treated less favourably than another because of his or her gender.
The Institute for the Equality of Women and Men has been designated as the equality body responsible for combating gender discrimination.
Definition of the gender criterion
Discrimination on the basis of gender refers to differential treatment based on:
- sex
- pregnancy
- medically assisted reproduction
- childbirth
- breastfeeding
- maternity
- family responsibilities
- gender identity
- gender expression
- sexual characteristics
- medical or social transition
All these criteria are considered equivalent to the gender criterion.
Examples
- Not hiring a person because they are undergoing a medical or social transition is a form of direct discrimination.
- Denying a man access to a nightclub is direct discrimination.
- A minimum physical height requirement of 1.70 m for the admission to the police academy entrance examination or the granting of a bonus to full-time employees, to the detriment of part-time employees, may be indirect discrimination.
- When a female worker is confronted with ambiguous remarks and gestures in the workplace or receives unwanted pornographic images, this is sexual harassment.
FAQ in relation to the criterion
Open Is Unia competent in matters concerning gender?
No. Gender identity and gender expression should not be confused with sexual orientation, which falls within Unia’s competence.
At the federal level, discrimination on the basis of gender and related criteria is regulated by the law of May 10, 2007 aimed at combating discrimination between women and men.
In the event of discrimination on the basis of several protected criteria at once (cumulative or intersectional discrimination), Unia collaborates with the Institute for the Equality of Women and Men.
Do you want to report discrimination linked to inequality between women and men?
Have you heard or read sexist comments? Were you fired because you were pregnant? Have you seen a job offer reserved exclusively for male or female candidates? Have you been treated differently because you are transgender?
If you have been treated differently because of your pregnancy or gender, in Belgium you can contact the Institute for the Equality of Women and Men.
Find out more about the Institute for the Equality of Women and Men
Created in December 2002, the Institute for the Equality of Women and Men is the federal public institution whose mission is to guarantee and promote the equality of women and men, to combat any form of discrimination or inequality based on a protected criterion such as gender, through the development and implementation of an appropriate legal framework, structures, strategies, instruments and actions. The Institute aims to anchor gender equality in society so that it becomes part of people's mindsets and practices.
The Institute is subdivided into different teams, each working in different areas, such as gender mainstreaming, employment, violence, research, etc. The individual legal assistance team deals with requests for information and complaints from victims of discrimination.
Find out more about discrimination
Discover the other protected criteriaSexual orientation
Discrimination because you are gay, for example. It does not include gender-related protected characteristics.
Origin 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.