The division of the burden of proof and the deterrence of legal sanctions for discrimination in employment: building a legal framework for the enforcement of non-discrimination law through (comparative) case law analysis
PhD student: Mrs D. De Meyst
Promotors: Mrs Dr P. Foubert, Mrs Prof I. Samoy
Duration: 1/10/2020 - 30/9/2024
When someone is discriminated against in the field of employment, multiple layers of legislation (EU-constitution-national-regional) offer protection and repairs. In practice however, a victim of discrimination trying to obtain this protection or these repairs faces considerable challenges. My research will focus on two of these challenges: firstly, the division of the burden of proof between the victim and the alleged perpetrator and secondly, the deterrence of sanctions (as the EU directive 2000/78/EG says they should be). The aim is to build a legal framework to improve the enforcement of non-discrimination law, with recommendations regarding the application of the law by legal practioners (in particular judges) or suggestions on a legislative level. My starting point is the Belgian legislation and case law on discrimination in employment, but there will be comparative aspects to my research (to be fine-tuned). I will also draw upon recent developments regarding burden of proof in common law and the application of sanctions in tort law to see what their use can be in the field of non-discrimination law in employment.
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