International Day for the Elimination of Racial Discrimination: Is It Time for a Diversity Policy at Your Company?

March 21 is the International Day for the Elimination of Racial Discrimination. This day highlights the importance of equal opportunities. This is also something to reflect on in the workplace. After all, recent studies by organizations such as Unia and Ghent University show that discrimination in society occurs just shy of being most common in the workplace. Nevertheless, there is no doubt that diversity within companies offers significant benefits: - Companies that prioritize diversity and where everyone can be themselves are more attractive employers. - Diversity leads to a better understanding of the needs of your customers and target audiences. - Discrimination and well-being go hand in hand. An employee who feels discriminated against generally scores much lower on well-being indicators such as job satisfaction and intention to stay. - Taking proactive steps to combat discrimination prevents disputes in the workplace—and, of course, in court as well. Racism and discrimination are criminal offenses and are therefore essential to address in any case. The Belgian legislature also places great emphasis on measures to combat discrimination. Just recently, a bill was approved that amends the three Belgian anti-discrimination laws and the Employee Well-Being Act. The amended laws will provide additional protection to employees who file a complaint or report discrimination, as well as to those who testify in such cases. This legislative amendment is expected to take effect on April 1, 2023, or May 1, 2023. Today is therefore an excellent time to consider what steps your company can take toward implementing a concrete diversity policy. A first step will be to assess whether your workforce is already diverse—for example, in terms of gender, ethnic origin, disability, and religious beliefs—and to identify any obstacles you are facing. Employers who collect this information will need to be mindful of privacy regulations, which, among other things, ensure that employees are free to withhold certain information and that sensitive data may only be recorded anonymously.

- Draft job postings in a sufficiently neutral manner and develop an objective application process. Be mindful of any stereotypes or biases that might make the selection process less objective; - Provide reasonable accommodations for people with disabilities, and familiarize yourself with government support measures; - Focus on training and mentoring; - Establish a code of conduct that outlines the rules applicable in your company, including those regarding discrimination. Ensure that everyone is aware of these rules, for example, by referencing them in the employment contract or employee handbook; - Ensure that managers are mindful of diversity in the workplace and any potentially discriminatory actions. - Handle complaints and reports appropriately. Finally, employers who wish to go a step further and take affirmative action to increase diversity in their company can rely on a legal framework. After all, affirmative action is an exception to the prohibition against discrimination: equal treatment gives way to providing opportunities to specific groups. The Royal Decree of February 11, 2019, sets out how an employer can establish a so-called “affirmative action plan” without taking any risks. Want to create an inclusive organization? Crauwels Advocaten is happy to develop solutions tailored to your company.