In response to the Hakelbracht judgment of 20 June 2019 of the Court of Justice of the European Union (case C-404/18), the Belgian legislator has recently adopted new legislation providing for a system of enhanced protection against adverse action by employers for employees who raise their voices with respect to (potential) issues of discrimination.
(i) Hakelbracht judgment
Ms Hakelbracht applied for a job in a clothing shop in 2015. During this job application, Ms Hakelbracht informed the shop manager that she was pregnant. Following this job interview, the shop manager informed the employer that Ms Hakelbracht was a suitable candidate for the vacant position.
However, the employer ultimately refused to hire Ms Hakelbracht because of her pregnancy. The shop manager pointed out the illegal refusal but this was disregarded by the employer.
Ms Hakelbracht lodged a complaint with… Read more