The Rulebook: Employee Hiring and Background Checks
That same sense of evolution and progress established in Seattle is also reflected in Washington State’s changing workplace law landscape. As Seattle prepares to host World Cup matches, employers throughout Washington also are preparing for enhanced obligations affecting hiring practices and criminal background checks.
Washington
Washington State already restricts employers’ use of criminal records in hiring decisions through its Fair Chance Act. Beginning July 1, 2026, however, amendments to the law will substantially expand those restrictions and impose additional procedural obligations on covered employers.
Under the amended framework, employers generally will not be permitted to inquire into an applicant’s criminal history until after extending a conditional offer of employment. The law also limits an employer’s ability to take adverse action based on arrest records and juvenile convictions, and requires employers to establish a legitimate business reason before relying on an adult conviction record when making employment decisions.
The revised law also introduces new notice obligations. Before taking adverse action, employers must provide notice identifying the record at issue and give the applicant or employee an opportunity to explain or correct the information, including providing details regarding rehabilitation, work history, education, or training. Employers must also maintain the position open for a minimum period while that process takes place.
If the employer ultimately decides to proceed with adverse action, additional written documentation will be required, including an explanation of the employer’s reasoning and its assessment of the applicable factors. The amendments also increase potential penalties for violations.
As a practical matter, employers with operations in Washington should already be reviewing hiring procedures, background screening practices, template notices, recruiting processes, and training protocols to prepare for the July 1st effective date.
Seattle’s focus on workforce protections is also shaping how the city prepares for the tournament itself. Ahead of World Cup 2026, Seattle launched its “Protecting Worker Rights is the Goal” compliance initiative, aimed at certain industries such as hospitality, temporary staffing, event contracting, and private security. The initiative reflects a broader effort to promote fair pay practices, compliance with labor standards, responsible hiring, and the prevention of labor exploitation and human trafficking as the city hosts the tournament.(2)
Belgium
While Washington State’s amended Fair Chance Act primarily regulates when and how criminal history may be considered in employment decisions, Belgium approaches the issue principally through the lens of privacy and data protection, with significantly stricter limitations on the collection and processing of criminal record information by employers.
In Belgium, background checks are generally not common practice, except in certain regulated sectors such as the financial sector or the private security sector. Moreover, there is no comprehensive legal framework, like the U.S Fair Credit Reporting Act, governing background checks. The most legally sensitive form of background verification relates to criminal records.
An “extract from the criminal record” is an official document listing any criminal convictions recorded in a person’s name, including the sentences imposed and registered. A detailed overview of these convictions is attached to the extract. This raises the question whether, and under which conditions, an employer may request and use such an extract.
General Rule: Prohibition and Data Protection Framework
Under Belgian law, the collection and processing of criminal data are subject to strict regulation. Criminal data also qualifies as sensitive personal data under the General Data Protection Regulation (GDPR). Under Article 10 of the GDPR, such data may only be processed under the control of an official authority, or where processing is authorized by union or member state law providing appropriate safeguards.
The Belgian Data Protection Framework Act allows such processing only in limited cases, in particular:
- where it is necessary for the management of the employer’s own disputes; or
- where the data subject has given explicit, written consent for specific purposes.
In practice, however, consent is generally not a valid legal basis in an employment context because a candidate (or employee) may feel compelled to consent out of concern that refusal could negatively affect their chances of being hired. As a result, such consent is viewed with suspicion.
Accordingly, the general rule remains that employers may not request or process information relating to the judicial past when hiring. That said, in line with National CBA No. 38, employers may make limited inquiries regarding a candidate’s criminal history where this is strictly necessary considering the nature of the position. Any such inquiry must remain proportionate and limited to offenses relevant to the role, and the information obtained should not be systematically recorded or further processed beyond what is strictly necessary.
In all cases, criminal record extracts can only be requested by and issued to the individual concerned (i.e., the candidate or employee).
Exception: Regulated Functions Requiring Criminal Record Verification
An exception applies where legislation or regulatory frameworks require a clean (“blanco”) criminal record for the exercise of certain functions. For example, where a candidate intends to carry out a regulated activity or work in the youth sector, the employer is legally required to request an extract from the criminal record during the recruitment process and is expressly authorized by law to receive it.
Another example is the context of establishing and operating a temporary employment agency, where regional regulatory frameworks generally impose integrity requirements on the persons involved in the management and operation of the agency (such as directors, managers, authorized representatives and professionally responsible persons). In practice, this implies that these individuals must also be able to demonstrate a clean criminal record.
The financial sector constitutes another regulated industry. Supervisory authorities such as the Financial Services and Markets Authority (FSMA) may require criminal record extracts to assess the professional reliability of candidates proposed for key positions, such as directors or managers of credit institutions, investment firms, insurance undertakings, pension funds, or insurance intermediaries. In these situations, the employer may have a legal basis to retain the extract in the personnel file.
Similarly, in sectors such as aviation, broader regulatory frameworks may justify requesting a criminal record extract. The Belgian Data Protection Authority has acknowledged that, in order to prevent circumvention, such requirements may extend not only to directly employed staff but also to personnel engaged through third parties.
In addition, certain sectors are subject to security screening requirements under Belgian law (e.g., energy, transport, and electronic communications), due to risks related to terrorism, espionage, or threats to national interests. In these cases, the screening is not carried out by the employer itself, but by the State Security Service.