1. Brief Description of Anti-Discrimination Laws
The Labour Code stipulates just basic anti-discrimination principle that discrimination in employment law relationships is prohibited; and that employers are obliged to ensure equal treatment of all employees in relation to their working conditions, remuneration for work and provision of other pecuniary performances and performances of a pecuniary value, vocational preparation and the opportunity to achieve functional or other advance in employment.
2. Extent of Protection
Direct discrimination shall mean an act, including omission, where one person is treated less favourably than another is, has been or would be treated in a comparable situation, on grounds of race, ethnic origin, nationality, sex, sexual orientation, age, disability, religion, belief or opinions. Discrimination on grounds of pregnancy, maternity and paternity and on grounds of sexual identification shall also be considered to be discrimination on grounds of sex.
Indirect discrimination shall mean an act or omission where a person is put at a disadvantage compared to other persons on any of the grounds specified in the above paragraph on the basis of an apparently neutral provision, criterion or practice. Indirect discrimination shall not be taken to occur if such a provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary. Indirect discrimination on grounds of disability shall also mean refusal or failure to take appropriate measures to enable a person with a disability to have access to a certain employment, working activities, career progression or other promotion, to use employment advice, or participate in other vocational training, or to use services available to the public, unless such a measure represents an unreasonable burden.
Harassment shall mean any unwanted conduct associated with grounds of race, ethnic origin, nationality, sex, sexual orientation, age, disability, religion, belief or opinions:
- taking place with the purpose or effect of diminishing the dignity of a person and creating an intimidating, hostile, degrading, humiliating or offensive environment, or
- which could be legitimately be perceived as a precondition for a decision affecting the exercise of rights and obligations following from legal relationships.
Sexual harassment shall mean any conduct of a sexual nature under the above paragraph. Victimisation shall be any adverse treatment, sanction or disadvantage that has occurred as a result of exercise of the rights under the Anti-discrimination Act.
3. Protections Against Harassment
The person affected by harassment has the right to claim before the courts, in particular, that the harassment be refrained from, that consequences of the harassment acts be remedied and that (s)he be provided with appropriate compensation.
4. Employer’s Obligation to Provide Reasonable Accommodations
For employees who are disabled persons, employers are obliged to secure, at their own expense and by means of technical and organizational measures, particularly the necessary adjustment of the working conditions, adjustment of workplaces, establishment of sheltered working sites, training or instruction of these employees and increase in their qualifications in the performance of their regular employment.
There is no legal duty for employers to accommodate employee’s religious practices.
The person affected by direct and/or indirect discrimination has the right to claim before the courts, in particular, that the harassment be refrained from, that consequences of the harassment acts be remedied and that (s)he be provided with appropriate compensation.
Should a remedy under the above paragraph not appear sufficient, particularly due to the fact that a person’s reputation or dignity or respect in society has been harmed, the person shall also have the right to monetary compensation for non-material damage.