Other

Current or future health condition
Physical or genetic characteristic
Wealth

Current or future health condition

With the exception of public health issues, a reference to the health criterion is not permitted within the scope of employment unless this distinction can be justified in an objective, legitimate and reasonable manner.

The investigation of possible discrimination based on a health condition must take place while considering the required capability of the employee to fulfil the given task. For employees with a chronic disease, consideration must also be given to possible reasonable adaptations.

The Centre processes cases involving possible discrimination based on health conditions where the disease is already known, such as in the case of degenerative diseases but also diseases that are not yet known but can be predicted based on genetic tests.

In the employment sector, mainly insurance companies deal with the criterion of current or future health conditions when evaluating risks.

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Physical or genetic characteristic

The Centre defines a physical characteristic as a hereditary attribute or an attribute that has developed beyond the control of the person (e.g.: birth marks, burns, surgical wounds, mutilation, and such). Therefore, tattoos, piercings, hairstyles or other similar characteristics are not regarded as physical characteristics.

Additionally, the hereditary attributes or those developed beyond control, must be stigmatising or potentially stigmatising in a public social context.

Physical characteristics that restrict physical functioning must be regarded as a disability.

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Wealth

The Centre considers wealth to be having financial power of any type.

This ground for discrimination is often experienced indirectly when looking for accommodation (for example: refusal to lease to persons who are on a minimal “subsistence” income or unemployment benefits).

It can also be found in other sectors, such as employment opportunities and in the offering of goods and services.

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