Discrimination on the basis of physical characteristics
Everyone is different, physically. That is a good thing, one might say, because how else would we be able to coexist within society if we would all be the same? While our differences may be an asset, for certain people these can sometimes become a source of difficulties. For example, a child is bullied at school because of his height; a company refuses to hire someone for a sales job because of a port-wine-stain birthmark on their face... When is this discrimination?
What is discrimination based on physical characteristics?
Discrimination based on physical characteristics, in most cases, is discrimination based on appearance.
“Physical characteristics” are understood to be a person's innate characteristics, or those characteristics that have arisen through no fault of their own (e.g. height, birthmarks, burns, surgical scars, mutilations, etc.) and which are stigmatising or potentially stigmatising for the person concerned. Also included are characteristics that result from the free choice of the person concerned (e.g. tattoos, piercings, hairstyles, etc.).
Discrimination on the basis of physical characteristics occurs when one person is treated less favourably than another because of these physical characteristics.
Examples of discrimination based on physical characteristics
- An employer refuses to hire a person as a cashier because he considers them to be too small.
- A football coach refuses to let a child play because he thinks the child is too fat.
- A student has difficulty finding a traineeship because she is overweight.
- A person is fired because their employer notices that they have a visible dental problem and does not want them to be in contact with their customers.
FAQ regarding physical characteristics
Open Do tattoos and piercings count as physical characteristics?
Tattoos and piercings are also considered physical characteristics.
Open Is an original hairstyle (shaved head, coloured hair, etc.) a physical characteristic?
Hairstyles or other such characteristics are also considered physical characteristics.
Discrimination on the basis of physical characteristics according to the law
The anti-discrimination legislation of the country's various entities prohibits discrimination (whether direct, indirect, harassment, etc.) based on this criterion.
A distinction or difference in treatment on the basis of physical characteristics can only be made if it is objectively justified by a legitimate purpose (for example, obtaining a job in the military may be limited to a maximum weight/height ratio for certain positions, etc.), provided that the means to achieve this purpose are appropriate and necessary. Otherwise, it is discrimination.
Some of Unia's actions relating to this criterion
Here are some cases in which Unia has supported people who were victims of physical discrimination. Read their stories and the results of Unia's action:
- Short people can also become public transport drivers (only Dutch or French)
- A woman fired for a dental problem wins in court (only Dutch or French)
Discover more about discrimination
Discover the other protected criteriaReport 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.