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Discrimination testing by Brussels inspection

Legal obligationVerified

The inspection can use comparable applications and mystery calls to detect discrimination. The system established in 2017 was expanded in 2023.

Article 4/3 of the April 30, 2009 ordinance, inserted by the November 16, 2017 ordinance and modified in 2023, authorizes testing under assumed identity. Situation testing compares applications differing only by a potentially discriminatory criterion; mystery calls verify an employer’s reaction to a discriminatory request from a client.

In the version updated June 29, 2023, a complaint is no longer the only entry point. Paragraph 4 also allows testing based on reasonable suspicion from an investigation, social data, or sector analysis. Sector cases referenced in points c and d require prior express agreement from the labor auditor or the King’s Prosecutor. The test cannot provoke discrimination.

Actions and results are recorded in a report. A positive result may presume discrimination. The recruiter must apply consistent criteria to applications and refuse discriminatory instruction, including when it comes from a client.