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New legislation on the diversity instruments and diversity label in Brussels

In 2016 the Brussels government started an evaluation and reform process of the diversity policy on the Brussels labor market. In this process the Brussels social partners (both trade unions and employers organizations) were involved. At the end of 2018, a vision paper on the new diversity instruments was ready and served as the basis for adopting the legislation on this.

date:  26/06/2019

Contact:  Brussels Capital Region Diversity C...

These are the three main lines of the reform of the Brussels diversity policy:

  1. Till now, the Brussels diversity policy was characterized by a voluntaristic policy, where companies develop a diversity policy themselves. From now on, an approach of mediation and correction is necessary because employers are obliged to respect the anti-discrimination legislation. Therefore employers who discriminate must also be guided.
  2. More quantitative objectives need to be included in the diversity plans. That means that for example the employer must provide targets for the recruitment of new staff within the target groups on the Brussels labor market.
  3. Concerning these target groups the proposition is made to enter the concept of intersectional thinking in the reform process. The cause of discrimination on the labor market has also a structural and collective character, which means that several criteria can lead to discrimination.

On the 9th of May 2019, this reform process had led to new legislation. The Brussels government approved a new law on the diversity instruments and diversity label, with the following key features:

Instead of 1 diversity plan, there will exist 3 types of diversity plan now:

  1. Mini-plan (for small companies)
  2. Global plan (similar to the existing diversity plan)
  3. Thematic plan (focused on 1 aspect of diversity, after that a global plan had been made first).

With this new set of instruments, it is better to respond to the needs of the Brussels employers.

An important part of this new legislation is that companies can sign a declaration of intention about diversity. It can be considered as a first step to a diversity plan. On the one hand, the company declares to pursue the objectives of the promotion of diversity and the fight against discrimination in the Brussels-Capital Region. On the other hand, the company is ready to perform a diversity scan, which means making an analysis of the current diversity in their company. The signing of the declaration of intention gives the company also access to a network of (other) Brussels companies who work on diversity. With this network a space is created to organize regular meetings and exchanges between companies. 

A final element of this reform process of the Brussels diversity policy is inserting a sectoral approach in the diversity policy. Based on an analysis of the diversity on sectoral level, proposals can be made to take targeted sectoral actions and to increase the number of diversity plans in the sector concerned.

This new legislation comes into effect from the 1st of January 2020.

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