The Constitution of the Republic of Poland  of 2 April 1997 (Journal of Laws 1997 No. 78, item 483)

Article 32
1. All persons shall be equal before the law. All persons shall have the right to equal treatment by public authorities.
2. No one shall be discriminated against in political, social or economic life for any reason whatsoever.

Article 33
1. Men and women shall have equal rights in family, political, social and economic life in the Republic of Poland.
2. Men and women shall have equal rights, in particular, regarding education, employment and promotion, and shall have the right to equal compensation for work of similar value, to social security, to hold offices, and to receive public honours and decorations.

Act of 26 June 1974 – the Labour Code (Journal of Laws 1974 No. 24, item 141)

Article 11² – Employees have equal rights in respect of the same performance of the same duties; this applies in particular to the equal treatment of men and women in employment.

Article 11³ – Any discrimination in employment, direct or indirect, in particular in respect of gender, age, disability, race, religion, nationality, political views, trade union membership, ethnic origin, creed, sexual orientation or in respect of the conditions of employment for a definite or an indefinite period of time or full or part time, is prohibited.

Article 18^3a § 1 – Employees should be treated equally in relation to establishing and terminating an employment relationship, employment conditions, promotion conditions, as well as access to training in order to improve professional qualifications, in particular regardless of sex, age, disability, race, religion, nationality, political beliefs, trade union membership, ethnic origin, creed, sexual orientation, as well as regardless of employment for a definite or indefinite period of time or full time or part time employment.

Article 18^3a § 2 – Equal treatment in employment means that there must be no discrimination whatsoever, directly or indirectly, on the grounds referred to in § 1.

Article 18^3a § 3 – Direct discrimination is taken to occur where one employee, on one or more grounds referred to in § 1, has been, is or would be treated in a comparable situation less favourably than other employees.

Article 18^3a § 4 – Indirect discrimination is taken to occur where an apparently neutral provision, criterion or practice places or would place all or a considerable number of employees belonging to a particular group on the grounds of one or more reasons referred to in § 1 at a disproportionate disadvantage, or at a particular disadvantage in relation to the establishment and termination of an employment relationship, employment conditions, promotion conditions, as well as access to training in order to improve professional qualifications, unless that provision, criterion or practice is objectively justified by a legitimate aim to be achieved, and the means of achieving that aim are appropriate and necessary.

Article 18^3a § 5 – Discrimination within the meaning of § 2 is also taken to include:

1) practices related to encouraging another person to violate the principle of equal treatment in employment or ordering another person to violate that principle,

2) unwanted conduct with the purpose or effect of violating the dignity of an employee and of creating an intimidating, hostile, degrading, humiliating or offensive atmosphere (harassment).

Article 18^3a § 6 – Discrimination on the grounds of sex also includes any form of unwanted conduct of a sexual nature, or in relation to the sex of an employee with the purpose or effect of violating the dignity of an employee, in particular when creating an intimidating, hostile, degrading, humiliating or offensive atmosphere; this conduct may include physical, verbal or non-verbal elements (sexual harassment).

Article 18^3a § 7 – The submission of an employee to harassment or sexual harassment, as well as his conduct in order to reject harassment or sexual harassment, cannot inflict any negative consequences toward the employee.

Article 18^3b § 1 – The violation of the principle of equal treatment in employment, subject to § 2-4, means an employer treating an employee differently on one or more grounds referred to in Article 183a § 1 with the effect of, in particular:

1) terminating or rejecting the establishment of an employment relationship,

2) establishing disadvantageous conditions of remuneration for work or other employment, or not being selected for promotion or not being granted other work-related benefits,

3) not being chosen to participate in training organised to improve professional qualifications – unless the employer proves that this was due to objective reasons.

Article 18^3b § 2 – The principle of equal treatment in employment is not violated by conduct aimed at legitimately differentiating the situation of an employee that includes:

1) not employing an employee on one or more grounds referred to in Article 183a § 1 where the type of work or the conditions of its performance mean that the characteristic or the characteristics referred to in that provision constitute a genuine and determining occupational requirement for the employee;

2) serving a notice of termination of employment conditions to an employee in relation to the length of working time, provided it is justified for reasons not concerning employees and without referring to other grounds listed in Article 18^3a § 1;

3) applying means that differentiate the legal situation of an employee in respect of the protection of parenthood or disability;

4) applying the criterion of the employment period in establishing employment and dismissal conditions, remuneration and promotion principles, as well as access conditions to training to improve professional qualifications which justifies a different treatment of employees in respect of age.

Article 18^3b § 3 – The principle of equal treatment in employment is not violated by conduct undertaken for a certain period of time, aimed at creating equal opportunities for all or a considerable number of employees distinguished by one or more grounds referred to in Article 18^3a § 1, by reducing the actual inequalities for an advantage of such employees to the extent determined in that provision.

Article 18^3b § 4 – The principle of equal treatment is not violated where churches and other religious societies, as well as organisations the ethics of which is based on religion, creed or world-view deter access to employment on the grounds of religion, creed or world-view provided the type or characteristics of the activity conducted by the churches and other religious societies, as well as organisations causes that the religion, creed or world-view are a real and decisive occupational requirement for the employee, proportional to reaching a lawful aim of the differentiation of the situation of such a person; it also concerns the requirement for the employed to act in good faith and loyalty towards the ethics of the church, other religious society and organisation the ethics of which is based on religion, creed or world-view.

Article 18^3c § 1 – Employees have the right to equal remuneration for the same work or for work of an identical value.

Article 18^3c § 2 – The remuneration referred to in § 1 includes all components of remuneration, regardless of their name or characteristics, as well as other work-related benefits granted to employees in cash or non-cash form.

Article 18^3c § 3 – Work of an identical value means work that demands from employees not only comparable professional qualifications, certified by documents provided for in separate provisions or by practice and professional experience, but also comparable responsibility and effort.

Article 18^3d – A person against whom an 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, determined in separate provisions.

Article 18^3e § 1 – The fact that an employee has exercised his rights due to a violation of the principle of equal treatment in employment may not constitute a reason for the disadvantageous treatment of the employee and may not result in any negative consequences toward the employee; in particular, it may not constitute grounds for the termination of an employment relationship by an employer, with or without notice.

Article 18^3e § 2 – The provision of § 1 applies accordingly in relation to an employee who has provided any support to an employee using his/her rights due in respect of violation of the principle of equal treatment in employment.

Article 94. The employer is obliged in particular to:

1) make employees starting work familiar with the scope of their duties, the manner of performing work on particular positions and their basic rights;

2) organise work in a manner ensuring the effective use of working time, as well as achieving high efficiency and appropriate quality of work through using the employees abilities and qualifications;

2a) organise work in a manner ensuring the reduction of strenuousness of work, in particular for monotonous work and work at a fixed pace;

2b) act against discrimination in employment, in particular in respect of sex, age, disability, race, religion, nationality, political belief, trade union membership, ethnic origin, creed, sexual orientation, as well as on grounds of employment for a definite or indefinite period of time, or in full or part-time (…)

Article 94¹ – 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 method used by the employer.

Article 94³ § 1 – The employer is obliged to act against mobbing.

Article 94³ § 2 – Mobbing includes acts or behaviour in relation to an employee or directed against an employee, with the effect of persistent and long-term harassment or intimidation of an employee, resulting in a decreased evaluation of his professional abilities, or which is aimed at or results in the humiliation or ridicule of the employee, or the isolation or elimination of the employee from the group of co-workers.

Article 94³ § 3 – An employee for whom mobbing has caused health problems, may claim compensation from the employer as a money equivalent for the damage sustained.

Article 94³ § 4 – An employee who terminates his/her employment contract as a result of mobbing has the right to claim compensation from the employer in an amount not lower than the minimum remuneration for work, as specified under separate provisions.

Article 94³ § 5 – The employee’s statement on the termination of the employment contract must be made in writing, indicating the reason referred to in § 2 that justifies the termination of the contract.

Act of 6 June 1997 the Penal Code (Journal of Laws 1997 No. 88, item 553)

Article 119 – Whoever applies violence or unlawful threat to a group of persons or an individual because of their national, ethnic, racial, political, religious or non-denominational status is subject to imprisonment from 3 months to 5 years.

Article 190 § 1 – Whoever threatens another person to commit an offence to his/her harm or harm of the nearest person, if the threat provokes in a threatened person a legitimate fear that it will be executed, is subject to a fine, restriction of liberty or deprivation of liberty for up to 2 years.

Article 190a – Whoever, through persistent harassment of another person or his/her nearest person causes him/her to feel threatened, by justified circumstances, or seriously infringes his/her privacy, is subject to deprivation of liberty for up to 3 years.

Article 194 – Whoever restricts human’s rights on grounds of his/her religious affiliation or non-denominational status shall be subject to a fine, restriction of liberty or deprivation of liberty for up to 2 years.

Article 196 – Whoever offends the religious feelings of other persons by outraging in public an object of religious worship or a place dedicated to the public celebration of religious rites, shall be subject to a fine, the penalty of restriction of liberty or the penalty of deprivation of liberty for up to 2 years.

Article 197 § 1 – Whoever by violence, unlawful threat or deceit leads another person to a sexual intercourse, is subject to a penalty of deprivation of liberty for years 2 to 12.

Article 197 § 2 – If the perpetrator, in the manner specified in § 1, leads another person to undergo another sexual activity or performs such an activity, is subject to a penalty of deprivation of liberty from 6 months to 8 years.

Article 197 § 3 – If the perpetrator commits the rape:

1) in common with other person,

2) against a minor under 15 years of age,

3) against an ascendant, descendant, or a person being adopted, or brother or sister, he shall be subject to the penalty of deprivation of liberty for a minimum term of 3 years.

Article 197 § 4 – If the perpetrator of the crime specified in § 1 – 3 acts with particular cruelty, he shall be subject to the penalty of deprivation of liberty for a minimum term of 5 years.

Article 198 – Whoever, taking advantage of the vulnerability of another person, or of the lack of ability to recognise the significance of the act or ability to control his/her conduct, resulting from mental disability or disorder, subjects such a person to sexual intercourse or makes him/her submit to another sexual act or to perform such an act shall be subject to the penalty of the deprivation of liberty for a term of between 6 months and 8 years.

Article 199 § 1 – Whoever, by abusing dependence relationship or using a critical position, leads another person to sexual intercourse or to undergo another sexual activity or to perform such an act, shall be subject to a penalty of deprivation of liberty for up to 3 years.

Article 256 – Whoever publicly propagates a fascist or another totalitarian state or calls for hatred against national, ethnic, racial or religious differences or for non-denominational status, is subject to a fine, penalty of restriction of liberty or deprivation of liberty for up to 2 years.

Article 257 – Anyone who publicly insults a group of people or individuals because of their national, ethnic, racial or religious affiliation or because of their non-denominational status or for such reasons violates the bodily integrity of another person is subject to a penalty of deprivation of liberty for up to 3 years.

Act of 23 April 1964 – the Civil Code (Journal of Laws 1964 No. 16, item 93)

Article 23 – The personal interests of a person, such as, in particular, health, freedom, honour, freedom of conscience, surname or pseudonym, image, secrecy of correspondence, inviolability of home, scientific, artistic, inventive and rationalising achievements, shall be protected by civil law independent of protection provided for under other provisions.

Article 24 § 1 – The person whose personal rights are threatened by someone else’s action may require stopping that action, unless it is not illegal. In case of infringement, one may also require the person who committed the infringement to fulfil the actions necessary to remove its effects, in particular, to make a statement of a relevant content and appropriate form. Pursuant to the rules provided for in the Code, one may also require monetary compensation or payment of an appropriate amount of money for the indicated social purpose.

Article 24 § 2 – If, as the result of a breach of personal rights, one has suffered a material injury, the affected party may claim compensation based on general principles.

Article 24 § 3 – The above are without prejudice to the entitlements provided for by other regulations, in particular in the copyright law and the invention law.

Article 415 – Whoever by his fault caused a damage to another person shall be obliged to redress it.

Article 444 § 1 – In case of bodily harm or a health disorder, the redress of the damage includes all costs resulting from it. At the request of the affected party, the person obliged to redress the damage shall pay, in advance, an amount required to cover the costs of treatment, and if the injured party has become disabled, then also the amount required to cover the costs of preparation for another profession.

Article 444 § 2 – If the affected party has become partially or fully incapable of gainful employment, or if his/her needs have increased or future prospects of success have been reduced, he/she may demand an appropriate annuity from the party obliged to redress the damage.

Article 444 § 3 – If, at the moment of delivering the judgement, the damage cannot be assessed precisely, a temporary annuity may be awarded to the affected party.

Article 445 § 1 – In the cases provided for in the preceding article, the court may award the affected party an appropriate sum as compensation for the harm suffered.

Article 445 § 2 – The above provision also applies in case of deprivation of liberty or in the case where one induces another person by deception, violence or abuse of dependency relation to submit to an immoral act.

Article 448 – In case of violation of personal rights, the court may adjudge in favour of the affected person an appropriate sum of money as monetary compensation for the harm he/she suffered, or adjudge at his/her request an appropriate sum of money in favour of a social purpose indicated by him/her, independently from other means necessary to redress the effects of the infringement (…).

Act on implementation of several European Union regulations on equal treatment of 3 December 2010 (Journal of Laws 2010 No. 254, item 1700)

Article 1 – The Act specifies areas and methods of counteracting violations of equal treatment rule due to sex, race, ethnic origin, nationality, religion, denomination, beliefs, disability, age or sexual orientation, and competent authorities with respect thereto.

Article 3 – Always when the act refers to:

1) direct discrimination – this shall mean the situation, where one natural person is treated less favourably than another is, has been or would be treated in a comparable situation, on grounds of sex, race, ethnic origin, nationality, religion, denomination, beliefs, disability, age or sexual orientation;

2) indirect discrimination – this shall mean the situation, where an apparently neutral provision, applied criterion or taken action would expose natural person to a particular adverse disproportions or particularly adverse situation for this person due to sex, race, ethnic origin, nationality, religion, denomination, beliefs, disability, age or sexual orientation, unless that provision, criterion or action is objectively justified by a legitimate aim that is to be accomplished and the means of achieving that aim are appropriate and necessary;

3) harassment – this shall mean any unwanted conduct that takes place with the purpose or effect of violating the dignity of a natural person and of creating an intimidating, hostile, degrading, humiliating or offensive environment for this person;

4) sexual harassment – this shall mean the any form of unwanted verbal, non-verbal or physical conduct of a sexual nature towards a natural person or with respect to sex, with the purpose or effect of violating the dignity of this person, in particular by creating an intimidating, hostile, degrading, humiliating or offensive environment for this person;

5) unequal treatment – this shall mean the situation, where natural persons are treated in a way that comprises one or more of the following types of conduct: direct discrimination, indirect discrimination, harassment, sexual harassment, and also less favourable treatment of a natural person due to the rejection of harassment or sexual harassment or failure to submit to the harassment or sexual harassment and encouraging to such conduct or imposing such conduct;

6) principle of equal treatment – this shall mean the absence of any types of conduct that constitute unequal treatment.

Article 7 – Unequal treatment of natural persons due to race, ethnic origin or nationality, in the scope of medical care and education and higher education shall be also prohibited.

Article 8 paragraph 1 – Unequal treatment of natural persons due to sex, race, ethnic origin, nationality, religion, denomination, belief, disability, age or sexual orientation shall be prohibited in the scope of:

1) professional education, including continuation of education, improvement, change of profession and professional practices;

2) conditions for taking and conducting business or professional activity, including, but not limited to the employment relationship or work under a civil-law contract;

3) joining and acting in trade unions, employers’ organisations and professional selfgoverning associations, and also exercising rights to which members of these organisations are entitled;

4) access to and conditions of use of labour market instruments and labour market services, specified in the act of 20th April 2004 on the promotion of employment and labour market institutions, offered by labour market institutions and labour market instruments and labour market services offered by other entities acting for the employment, development of human resources and prevention of unemployment.

The Act on the implementation of some regulations of European Union regarding equal treatment constitutes one of the most important legal acts in force in our country, in which the issue concerning prevention of discrimination was raised. The so-called Act on Equality regulates, among others, issues of equal treatment and prohibition of discrimination in the area of access to goods and services, health care, taking business activity, acting in trade unions, social security, professional education, including continuation of education, improvement, change of profession and professional practices, as well as education and higher education. The Act defines the concept of “direct discrimination”, “indirect discrimination”, “harassment”, “sexual harassment” and “unequal treatment” (Article 3 of the Act).

What is important is the fact that it also determines measures for protection of the principle of equal treatment and authorities competent in case of prevention of its violations. Furthermore, the act on equality also introduced the obligation to establish a competent authority in case of prevention of violations of the principle of equal treatment. Performance of tasks related to the implementation of the principle of equal treatment in our country were entrusted with the Human Rights Defender and the Government Plenipotentiary for Equal Treatment, which monitor the observance of the principle of equal treatment and take actions aiming at elimination of violations of the prohibition of non-discrimination.

Act of 20 April 2004 on the promotion of employment and labour market institutions (Journal of Laws 2004 No. 99, item 1001)

Article 2a – The provisions of the Act protect the principle of equal treatment in access to and use of the labour market services and labour market measures, regardless of gender, race, ethnicity, nationality, religion, beliefs, opinions, disability, age or sexual orientation.

Article 19c – The employment agency and the entities referred to in Article 18c cannot discriminate the person for whom they search employment or other gainful work on grounds of sex, age, disability, race, religion, ethnic origin, nationality, sexual orientation, political beliefs and religion or due to membership to a trade union.

Article 36 paragraph 4 indent 3 – Job placement for the unemployed, job seekers and employers is carried out by poviat and voivodeship labour offices free of charge, according to the rules on: (…) equality – meaning the obligation to provide all the unemployed and job seekers with assistance in finding employment or other gainful work, regardless of gender, age, disability, race, religion, nationality, political beliefs, trade union membership, ethnic origin, religion or sexual orientation.

Article 36 paragraph 5e – The poviat labour office cannot accept a job offer, if the employer has job requirements that violate the principle of equal treatment in employment within the meaning of labour law provisions and may discriminate against candidates for job vacancies, in particular on grounds of gender, age, disability, race, religion, nationality, political beliefs, trade union membership, ethnic origin, religion or sexual orientation.