Employment & Labor Law
Workplace discrimination in Luxembourg: what evidence should you gather to take action?
A rejected application, a denied promotion or a pay difference may raise a question of discrimination. However, not every workplace disagreement falls into this category. The process involves identifying the treatment experienced, the possible reason behind it and the facts that may connect the two.
Identify the treatment and the ground involved
The Centre for Equal Treatment distinguishes, in particular, between direct and indirect discrimination. The former involves less favourable treatment linked to a protected ground. The latter may arise from an apparently neutral rule that creates a particular disadvantage, unless a justification satisfying the applicable conditions exists. Age, disability, sex, religion and ethnic origin are among the grounds to consider. [1]
First describe the decision: refusal of training, a pay gap, an assignment or termination. Then explain why you suspect a connection with a protected ground. An impression becomes more useful when linked to remarks, a chronology or a specific comparison.
Compare genuinely comparable situations
For pay issues, the amount of a colleague’s salary alone is not enough to explain a difference. The duties performed, responsibilities, experience and pay components must be examined. Regarding equal pay between women and men, the ITM stresses the importance of presenting evidence about identical work or work of equal value. [3]
Prepare a comparison table without attempting to obtain other employees’ data unlawfully. Your own documents, accessible advertisements, published criteria and correspondence concerning you can form a useful initial set of evidence.
Build a chronology and retain explanations
Record dates, people present and the words used. Keep successive versions of an offer, an objective or an appraisal where you legitimately hold them. A written request for an explanation may help clarify the criteria behind the decision. It should remain focused on the facts and the subject of the disagreement.
Before the relevant courts, presenting facts from which discrimination may be presumed can lead to an adjustment of the burden of proof. This does not remove the need for concrete evidence: the legal characterisation cannot rest on a single unsupported assertion. [2]
Choose an approach that matches your objective
Are you seeking an explanation, correction of a decision, an end to conduct or compensation? This objective helps organise the steps to take with the employer, competent bodies or a court. An issue may also involve bullying or a contractual disagreement; these legal categories should be distinguished rather than automatically added together.
Can I act without knowing a colleague’s exact salary?
An initial assessment can begin with the information you have. You then need to determine which comparisons are relevant and how to obtain the necessary information lawfully.
Does an internal complaint preserve every deadline?
Do not assume so. If employment is terminated or a challengeable decision is made, have the applicable timetable checked separately.
KM Legal can help you assess the legal characterisation of the facts, select documents and identify steps suited to the treatment reported.
Sources and references
Institutional sources consulted on 6 November 2026.
- CET — Definition of discrimination
- CET — Defending rights and available remedies
- ITM — Evidence of unequal pay between women and men
Further reading
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