Extent of Protection
Any person who experiences lack of equal treatment by an employer has the right to compensation, equal at least to the amount of the statutory minimum wage, as defined in separate regulations.
Protections against Harassment
Any unwanted conduct with the purpose or effect of violating the dignity of an employee and of creating an intimidating, hostile, degrading, humiliating or offensive environment is treated as harassment, and sexual harassment is defined as any form of unwanted conduct of a sexual nature, or referring to a person’s sex, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment, including verbal, non-verbal or physical conduct. Similar rights are afforded to employees with regards to discrimination and harassment in the workplace. The harassed employee has additional rights if his/her health has deteriorated as a result of harassment at work, and may claim financial compensation from the employer for the damage suffered, in particular if he/her terminated the employment contract as a result of the harassment incident. The employee’s statement of will when terminating the employment contract, must be made in writing, giving the grounds for termination that justify the termination thereof.
Employer’s Obligation to Provide Reasonable Accommodations
It is an employer’s obligation to provide a workplace adequately adapted for disabled persons. The employer must take into account the limited motor abilities of disabled workers. This includes the need for adaptation to a reduced operability of the communication routes within the building, stairs (elevator) doors, windows, bathrooms, etc. Disabled persons have additional rights, as their working time may be shortened, leave may be extended and additional breaks at work may be granted. However their rights depend on the level of disability adjudicated by respective authority. Nightshifts and overtimes are strictly forbidden.
Employers are further obliged to act against discrimination in employment. This also includes preventive actions. The employer should inform the employees of the kinds of actions that constitute examples of discrimination in employment, and how to react to witnessed or experienced violations.
The employer must provide employees with the contents of provisions concerning equal treatment in employment in the form of written information announced in the work establishment, or must ensure that employees have access to these provisions in other standard methods used by the employer. In Poland, it is quite a common practice among employers to introduce specific anti-discrimination policies.
In the event of discrimination, employees can claim damages in a court proceeding. A person against whom the employer has violated the principle of equal treatment in employment, has the right to compensation of at least the amount of the minimum remuneration for work.