In the past, the European Court of Justice and the European Commission pointed out that the protection, provided by Belgium law against prejudicial measures, was too restrictive compared to European legislation.

On 16 February 2023, the Belgian parliament (Federal Chamber) approved the act that amends the Gender Act of 2007, the Discrimination (General) Act of 2007, the Racism and Xenophobia Act of 1981, and the Wellbeing Act of 1996. 

The act contains four major amendments. Firstly, it extends the protection of the employee against adverse measures taken by the employer. From now on, it protects the employee from any adverse action by the employer on the grounds of making a report, filing a complaint, bringing an action for discrimination, filing a request for a formal psychosocial intervention due to violence or bullying at work, or relating to the content of that report, complaint, action, or request. Henceforth, the employer must prove that the adverse action is unrelated to the report, complaint, legal action, or - a novelty introduced by the law - to the facts contained in those reports. 

The second amendment introduced by the act is the extension of the protection from adverse action by the employer to any person who actively contributes to the benefit of the discriminated victim. Previously, only official witnesses were protected.  The law also changes the protection period, which no longer runs from filing the complaint. Still, from the moment the employer become aware of the report, complaint, legal action, or other protected action, they could reasonably have been aware of it.

To continue, the employee whose employment contract was terminated, or who was the victim of unilateral changes to their working conditions following an action against discrimination used to only have a right to compensation if they requested reintegration into the company (which was usually denied). This reintegration request has now become optional for the (ex-) employee.

Finally, compensation for discrimination or damages due to bullying, violence, or unwanted sexual behaviour may be cumulated with compensation for retaliation, as they cover different damages.

The new regulation also amends the Welfare at Work Act, introducing new criteria that can be the subject of violence at work and harassment at work, such as gender, pregnancy, childbirth, breastfeeding, maternity, adoption, medically assisted procreation, sex change, paternity, and co-maternity.

Employers must therefore be cautious when taking action against a protected employee in light of the new legislation and ensure that they act consistently with the new requirements.