The Evolution of Polish Antidiscrimination Laws in the Workplace: A Labour Law Perspective in the Context of European Union (‘EU’) Regulations
摘要
The chapter explores the development of Polish antidiscrimination laws within the workplace, particularly in relation to European Union (EU) regulations. The study highlights the significant impact of Poland’s accession to the EU on its labour laws, emphasizing the evolution of the concept of discrimination and its reflection in Polish legislation. The principle of equality and non-discrimination in the EU is multifaceted, influenced by the diverse legal traditions of member states and initially focused on gender equality. The chapter outlines four primary interpretations of equality: rational differentiation, equal access to protected goods, prohibition of discrimination based on legally protected characteristics, and. The chapter also presents the scope and measures of protection against discrimination under EU law, including the right to claim compensation, the reversal of the burden of proof, and the establishment of bodies to promote equal treatment. The chapter analysis the landscape of Polish antidiscrimination law indicating that the origins of explicit anti-discrimination provisions in Polish law date back to amendments made in 1996, with significant developments occurring during Poland’s preparation for EU membership in the early 2000s. Subsequent amendments in 2003 and 2007 further aligned Polish law with EU standards, expanding the scope of protected characteristics and introducing new concepts such as indirect discrimination and reasonable accommodation. Despite these advancements, the chapter identifies areas where Polish anti-discrimination regulations still fall short of EU standards, such as the comparison of salaries across different employers and the proper implementation of the burden of proof in discrimination cases.