Belgium: Discrimination, Disability & Sexual Harassment

Artificial intelligence is transforming workforce management across Asia-Pacific, yet most jurisdictions rely on existing employment and data protection laws rather than AI-specific legislation. Governments supplement these frameworks with ethical principles and voluntary guidance, though recent developments in Australia and Malaysia suggest a shift toward more targeted oversight of AI systems that significantly impact workers.

Belgium has partially implemented the EU Pay Transparency Directive for its public sector, but private-sector employers await comprehensive federal legislation. While the transposition timeline remains uncertain, the Directive provides a clear framework for anticipated requirements including recruitment transparency, objective pay structures, employee information rights, and gender pay gap reporting that employers should begin preparing for now.

The EU Pay Transparency Directive mandates that employers with over 100 workers regularly report detailed gender pay gap information, with strict timelines to address disparities of 5% or more. The Directive also grants employees and job candidates significant pay transparency rights, including access to salary ranges and comparative pay data. This interactive map tracks the transposition status of the Directive across European Member States as the June 2026 deadline approaches.

When an employee is unable to work due to illness, the employer may request a medical certificate. This obligation usually stems from the work rules. A medical certificate confirms the incapacity for work...

Recently, various cases have arisen – from ‘spiking' committed by bar staff and the case of rape in Leuven to the prosecution of various public figures – that have once again fuelled debate within society on the subject of consent and about unacceptable and inappropriate behaviour.

The case concerns a prejudicial question from a Polish court regarding a dispute between a fixed-term worker and his former employer.

EU law prohibits employers from treating part-time employees less favourably than comparable full-time employees, unless such treatment is justified by objective reasons.

While most countries have some kind of express legal prohibition of sexual harassment, the definition of what constitutes harassment varies across jurisdictions.

In the landmark 2008 Coleman case, the European Court of Justice expanded EU anti-discrimination protections to include caregivers.