Beware of Discrimination in Dismissal Cases: Labor Court Allows the Cumulative Award of Three Types of Damages

As most employers are aware, Belgian anti-discrimination laws prohibit termination based on discriminatory grounds. Yet not every employer exercises the same level of caution before sending a termination letter, even though caution is becoming increasingly important. We explain why that is the case. Earlier this year, the Antwerp Labor Court issued an important ruling in which it allowed the accumulation of three damages awards for discrimination. The employee in question was terminated shortly after her maternity leave and during a period of postpartum depression. Although the employer justified the dismissal by citing economic reasons resulting from the COVID-19 crisis, the Court ruled that the timing and circumstances of the dismissal indicated discrimination. Particularly noteworthy is that the Court decided to order the employer to pay all three claims for damages sought by the employee. Thus, the employer was ordered to pay: 1. Six months’ wages for violation of maternity protection; 2. Six months’ wages for discrimination based on sex; 3. Six months’ wages for discrimination based on health status. According to the Court, each type of compensation serves a different protective purpose and compensates for a different form of harm. The protective compensation under the Labor Act is intended to compensate for the negative consequences of a dismissal during maternity protection, while the damages under the Gender Act and the Anti-Discrimination Act compensate for both material and moral damages resulting from discriminatory acts. The Court ruled that the employee demonstrated that she suffered separate damages for each of the three violations. This ruling once again underscores how important it is for employers in Belgium to exercise caution when making dismissals that give rise to a presumption of discrimination (even if only apparent). It also confirms the trend in the case law of labor courts and tribunals to award various forms of damages concurrently. It is therefore essential to take legal protections into account in every dismissal decision and to ensure that the dismissal is based on legitimate, non-discriminatory grounds. Forewarned is forearmed. Do you have any questions about this? Crauwels Advocaten is ready to advise you on compliance with anti-discrimination laws and other employment law matters.