Brief Description of Anti-Discrimination Laws
The principles of equal treatment are established in the Fundamental Law, and the detailed regulations are provided in the Equal Treatment Act (Act CXXV of 2003), whose scope extends to all areas of law, including labour law. The Equal Treatment Act must be interpreted in accordance with the Labour Code. Accordingly, employers must observe the requirement of equal treatment during the job interview process, throughout the entire period of employment, and also at the time of termination. Regulations concerning equal pay are included in the Labour Code.
Extent of Protection
The Equal Treatment Act includes an open-ended list of protected characteristics by incorporating the notion of “other characteristics.” Notably, the list of protected characteristics is significantly broader than those typically found in other European countries. For example, it explicitly includes family status, social origin, financial situation, and employment under part-time or fixed-term contracts. As a result, the burden of proof for the claimant is considerably lighter.
A violation of the requirement for equal treatment includes direct discrimination, indirect discrimination, harassment, unlawful segregation, retaliation, and instructions to carry out any of these acts. Direct discrimination occurs when a provision results in a person or group being treated less favourably due to an actual or perceived protected characteristic, compared to how another person in a comparable situation is, was, or would have been treated. Indirect discrimination occurs when a provision or measure, which on the surface appears to comply with the principle of equal treatment, disproportionately disadvantages individuals or groups with specific protected characteristics, compared to others in comparable situations. Harassment is any behaviour—sexual or otherwise—that violates human dignity, is connected to the protected characteristics, and has the purpose or effect of creating an intimidating, hostile, humiliating, degrading, or offensive environment for the individual. Unlawful segregation is a provision that, without explicit legal authorization, separates individuals or groups based unprotected characteristics from others in comparable situations. Retaliation refers to actions that cause harm or threaten to cause harm to individuals who raise concerns about, initiate proceedings for, or participate in actions addressing violations of the principle of equal treatment.
The law allows exceptions to the principle of equal treatment in cases where discrimination is justified by the nature of the job or the fundamental ethos of the organization, as long as it is proportionate and serves a legitimate purpose.
Providing preferential treatment to a specifically identified social group to eliminate objective inequalities in opportunities does not violate the principle of equal treatment, provided that it is based on law, government decree, or a collective agreement authorized by law, and is temporary or tied to specific conditions. Such measures must not violate fundamental rights, provide unconditional advantages, or exclude consideration of individual circumstances.
Protections Against Harassment
Under the Equal Treatment Act, harassment involves a protected characteristic, behaviour that violates human dignity, a connection between the two, and the creation of a hostile or offensive environment. Harassment can result from active or passive conduct, including one-time, ongoing, or recurring actions, and does not require intent to occur. Employers are particularly liable if they fail to act upon learning of harassment.
Employers are legally obligated to uphold equal treatment and are held accountable for workplace harassment. Victims may file complaints against the employer with the relevant authority, which investigates the employer’s liability. To hold a harassing colleague directly accountable, victims must pursue civil lawsuits or criminal proceedings, depending on the case.
The Occupational Safety and Health Act further requires employers to protect employees from harassment and psychosocial risks, such as workplace stress or conditions leading to psychosomatic illnesses, ensuring measures are in place to safeguard employee well-being.
Employer’s Obligation to Provide Reasonable Accommodations
The Labour Code briefly mentions the employer’s obligation to provide reasonable accommodations for persons with disabilities, but the Act on the Rights of Persons with Disabilities (Act XXVI of 1998) offers more detailed requirements. Employers are required to adjust the work environment, including tools and equipment, to enable employees with disabilities to perform their jobs effectively. Financial support from the central budget is available to help cover the costs of these adaptations. Additionally, employers must ensure that the recruitment process is accessible to persons with disabilities. This obligation applies when a job vacancy has been publicly advertised, the applicant has communicated their specific needs for the interview process, and providing such accommodations does not impose a disproportionate burden on the employer.
Employers who hire workers with reduced work capacity (e.g., accredited employers or those providing developmental employment) are eligible for support from the central budget, as defined by specific regulations.
The above requirements apply exclusively to persons with disabilities and do not address matters related to religious needs. Only a limited number of court cases deal with religious discrimination, and none of them has involved the issue of reasonable accommodation.
Remedies
If the Equal Treatment Authority determines a violation of the principle of equal treatment, it may order the termination of the unlawful situation, prohibit the future conduct of the illegal behaviour; order the public disclosure of its final decision—excluding the public interest information that identifies the violator—in a manner that does not allow personal identification, for reasons of public interest; impose a fine; apply legal consequences specified in a separate law. However, if a violation of the principle of equal treatment involves unlawful termination or causes other damages, only the court has the authority to provide remedies, such as compensation or, in specific and limited cases, reinstatement.
Other Requirements
Directive (EU) 2022/2381 of the European Parliament and of the Council of 23 November 2022 on improving the gender balance among directors of listed companies and related measures has not yet been implemented as of February 2025. Currently, no other affirmative actions are in place.
