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The labor inspectorate may also carry out on its own initiative field tests and mystery calls to detect discrimination. Existing legislation will be adapted for this purpose. In practice, it was almost impossible to use these resources under the current rules.
This emerges from a proposal that Minister Pierre-Yves Dermagne (PS) has prepared. “A bill has been introduced with the aim of removing the legal obstacles that hinder the missions of inspectors. The framework developed in 2018 is too restrictive. An adjustment is needed for the discrimination tests to work properly, ”it seems. The minister hopes for a green light from Parliament before the summer.
The figures show that practical tests have hardly ever been carried out so far. That would be less than ten tests in total.
In concrete terms, inspectors will now be able to act on their own initiative if they have objective data. They no longer have to simply respond to a complaint, but are also allowed to take proactive action.
The fact that they commit “criminal offenses” as forgery will no longer count as a more serious violation of the law than the discrimination itself. This will allow inspectors, for example, to apply and verify whether there is discrimination: the so-called mystery calls. Or they can send a cover letter, for example on behalf of a person of Dutch origin or on behalf of a person with an immigrant background.
The number of grounds for discrimination is also being widened. In addition to race and gender, it will also be possible to investigate discrimination based on disability, age or political beliefs.
The government party Groen speaks of a necessary adjustment of the “onerous” conditions for mystery calls. “This is a huge step forward in the fight against discrimination,” said MP Evita Willaert.
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