Luxembourg: Equal opportunities

Updating authors: Patrick Ries and Julie Erbrech, Loyens & Loeff Luxembourg

Original author: Arendt & Medernach

See the legal services provided by the author of XpertHR International > Luxembourg, including any discounts/offers for subscribers.

Summary

• Both direct and indirect discrimination in relation to employment are prohibited on grounds including sex, religion or belief, disability and age. (See General)
• Unequal treatment based on a protected characteristic does not constitute unlawful discrimination where such a characteristic constitutes an essential and determining occupational requirement. (See Exemptions)
• Sexual harassment and harassment constitute unlawful discrimination and are prohibited. Employers must refrain from committing any acts of moral harassment. (See Harassment, sexual harassment and moral harassment)
• Employees must not be victimised for protesting against or refusing discriminatory acts, making complaints or initiating proceedings related to discrimination, or testifying about or reporting discrimination. (See Victimisation)
• Employers may take positive action in certain circumstances, notably in order to help women or men pursue their career in an occupation in which they are under-represented, or to prevent or compensate for particular disadvantages. (See Positive action)
• Employees and job applicants who believe that they have suffered unlawful discrimination have various avenues of redress. (See Remedies and penalties)