Employment Discrimination in Poland

Last updated: 18.04.2025

Employment discrimination in Poland – definition

Employment discrimination in Poland refers to the unfair or prejudicial treatment of employees or job applicants based on specific protected characteristics rather than their skills, qualifications, or job performance. This includes various forms of job discrimination, which are considered illegal discrimination under the Polish Labor Code and anti-discrimination laws.

According to the Polish Labor Code discrimination is prohibited especially based on:

• Gender – Includes discrimination against men, women, non-binary individuals, and pregnancy-related bias.
• Age – Protects both younger and older employees from unfair treatment.
• Disability – Ensures equal opportunities for individuals with physical or mental disabilities.
• Race, ethnicity, or nationality – Prevents discrimination based on origin or cultural background.
• Religion or beliefs – Protects individuals from unfair treatment due to their religious affiliation or lack of belief.
• Sexual orientation – Ensures that employees are not discriminated against based on their orientation.
• Gender identity – Protection for transgender and non-binary individuals.
• Trade union membership – Prevents discrimination based on being a member of the trade union organization.
• Political beliefs – In some cases, protects individuals from discrimination due to their political views.
• Basis of employment – Prevents discrimination based on being hired on definite or indefinite contract or being a full time or part time employee.

Discrimination in the workplace can take various forms, such as unequal pay, biased hiring or promotion and trainig practices, harassment, or wrongful termination.

It may be direct, where an individual is openly treated unfairly, or indirect, where company policies or practices disproportionately disadvantage certain groups. Such conduct often involves adverse employment decisions, including demotion or exclusion based on protected characteristics.

Difference Between Discrimination and Unequal Treatment

While discrimination and unequal treatment are related concepts, they have distinct meanings in the context of employment.

1. Discrimination
   • Discrimination refers to unfair or prejudicial treatment based on specific protected characteristics such as race, gender, age, religion, disability, nationality, or sexual orientation.
   • Discrimination can be direct (e.g., refusing to hire someone due to their gender) or indirect (e.g., implementing a policy that disproportionately disadvantages a particular group).
2. Unequal Treatment
   • Unequal treatment refers to any difference in the way employees are treated, but it is not necessarily based on a protected characteristic.
   • It can occur in various forms, such as favoritism, nepotism, or arbitrary decisions that are unfair but not legally considered discrimination.
   • For example, if an employer promotes one employee over another without a clear reason, it may be unequal treatment, but not necessarily discrimination unless it is based on a protected characteristic.

Key Difference:

All discrimination is a form of unequal treatment, but not all unequal treatment qualifies as discrimination unless it is based on legally protected characteristics.

Who may be discriminated against at work in Poland?

In Poland, workplace discrimination can affect any employee or job applicant if they are treated unfairly due to characteristics protected by law.

1. Individuals who may be discriminated against:

• Employees – Those working under an employment contract (fixed-term, indefinite-term, probationary).
• Interns and trainees – Individuals gaining work experience.
• Job applicants – Those seeking employment who may face discrimination during the hiring process, for example if they are denied to be hired based on protected characteristics.

2. Examples of workplace discrimination in Poland:

• During recruitment – Rejecting candidates based on protected characteristics.
• Unequal pay – Paying employees differently for the same work based on protected characteristics for example sex.
• Limited career opportunities – Denying promotions or training unfairly.
• Harassment and hostile work environment – Bullying or verbal abuse based on discrimination.
• Wrongful termination – Firing employees due to their protected status.

Employer’s responsibilities regarding workplace discrimination

In Poland, employers are legally responsible for preventing and addressing workplace discrimination. They must ensure that all employees are treated equally and fairly, regardless of their gender, age, disability, race, nationality, religion, sexual orientation, political beliefs, or any other protected characteristic.

1. Key employer responsibilities:

• Preventing discrimination – Employers must create a fair and inclusive work environment by implementing policies that prevent discrimination in hiring, promotion, and daily work practices. While establishing anti-discrimination policy is not mandatory, but it is considered as a good practice and one of the main prevention tools.
• Ensuring equal treatment – All employees should receive equal opportunities for employment, training, promotions, and salary, regardless of their personal characteristics.
• Handling complaints fairly – Employers must have procedures in place to address discrimination complaints and take appropriate action when an employee reports unfair treatment.
• Preventing harassment and mobbing – Employers are responsible for ensuring that employees are not subjected to verbal, psychological, or physical harassment based on their personal characteristics.
• Providing reasonable accommodations – Employers must adjust the workplace to meet the needs of employees with disabilities, ensuring they have equal access to work and career opportunities.
• Training and awareness – Employers should educate employees and managers about anti-discrimination laws and workplace policies to prevent unconscious bias and discriminatory behaviors.
• Ensuring a safe work environment – Employers are legally obliged to provide a work environment free from discrimination, harassment, and unfair treatment.

2. Legal consequences for employers in Poland

If an employer fails to prevent or address workplace discrimination, they may face:

• Legal action – Discriminated employees can file complaints with the labor court or the State Labor Inspectorate (Państwowa Inspekcja Pracy – PIP).
• Financial penalties – Courts may impose fines or require compensation for affected employees.
• Reputational damage – Discrimination cases can negatively impact the company’s image and employee morale.

Employers in Poland must comply with the Labor Code provisions ensuring that all employees are treated fairly and without discrimination.

Court proceedings on discrimination in Poland

If an employee in Poland experiences workplace discrimination and internal complaints do not resolve the issue, they can take legal action against their employer by filing a lawsuit in the Labor Court. Discrimination cases are governed by the Polish Labor Code.

1. Initiating Legal Proceedings

Filing a lawsuit in the Labor Court

• The employee must file a statement of claim in the district court specifically in the labor division.
• The lawsuit can be filed in the court where:
  • The company is registered.
  • The employee performed work.
  • The discriminatory act occurred.

No court fees for employees

• Employees filing a lawsuit against an employer are generally exempt from court fees.

Time Limits for Filing a Discrimination Claim

• Employees must file within 3 years of the discriminatory act.
• If discrimination leads to termination, they must file a lawsuit within 21 days of receiving the dismissal notice.

2. Burden of proof in discrimination dases

Employer must prove they did not discriminate

• Unlike in regular civil cases, in discrimination lawsuits, the burden of proof is shifted to the employer.
• The employee must present facts suggesting discrimination, and the employer must prove that discrimination did not occur.

Evidence that can be used:

• Witness testimony (colleagues, former employees).
• Documents (emails, work policies, salary records, performance evaluations).
• Audio or video recordings (if legally obtained).

3. Possible court decisions and compensation

If the court finds that discrimination occurred, it may rule in favor of the employee and order the employer to:

Pay compensation

• Compensation must be no less than the minimum wage in Poland (around 4,666 PLN in 2025).
• There is no upper limit—the court determines the amount based on damages suffered.

Reinstate the employee or pay compensation

• If the discrimination led to unfair dismissal, the court may order reinstatement.
• If the discrimination led to unfair dismissal, the court may order payment of the compensation in the maximum amount of 3 month remunerations.

Correct unfair treatment

• The court may order salary adjustments, promotion, or removal of disciplinary actions.

4. Alternative legal avenues

Besides court proceedings, a discriminated employee may also:

• File a complaint with the State Labor Inspectorate (Państwowa Inspekcja Pracy – PIP)
• Seek support from the Commissioner for Human Rights (Rzecznik Praw Obywatelskich – RPO)
• Contact trade unions or anti-discrimination NGOs

FAQ – Employment discrimination in Poland

This FAQ provides essential information on employment discrimination in Poland. If you need legal advice or assistance, consider contacting our law firm.