Does the law not sufficiently protect the witness of discrimination?

The Institute for the Equality of Women and Men deplores the fact that Belgian legislation does not sufficiently protect witnesses of discrimination.

He reported, in a statement released Thursday, the case of a store manager dismissed for defending the selection of a pregnant candidate during a recruitment procedure. The case has been brought to court and the Antwerp Labor Court has decided to turn to the Court of Justice of the European Union. The Institute was contacted by a woman whose recruitment was rejected by the head office of a chain of stores on the grounds that she was pregnant, while the manager of the subsidiary wishing to hire him had considered it as the most competent candidate

The latter recalled that the Belgian law prohibited discrimination against pregnant women and was dismissed as a result of this case.

"Witnesses can play a crucial role in the reduction of gender discrimination: they increase the chances of proving discrimination and give victims the feeling that they are not alone.They must be sufficiently protected, "says Michel Pasteel, Director of the Institute for Equality. women and men.

The Institute brought the case to court with the pregnant candidate and the dismissed manager. But the case of the latter is more complicated because, in the absence of a signed and dated testimony, it can not be protected against reprisals, according to the Belgian law on gender. However, the European Directive is less stringent with regard to the conditions for the protection of a witness as a witness.

The Antwerp Labor Court has decided to refer a question to the Court of Justice for a preliminary ruling. the EU in order to determine whether the Belgian law on the protection of witnesses is contrary to European law.

Pending the verdict, however, the Institute believes that Belgium should review its system of protection witnesses against reprisals to bring him into conformity with European law.