Annex 1: main transposition and anti-discrimination legislation

• Author: Bojarski, Lukasz
• Pages: 120-121

120

ANNEX 1: MAIN TRANSPOSITION AND ANTI-DISCRIMINATION LEGISLATION

Country: Poland

Date: 31 December 2019

Title of the Law: Act on the Implementation ofCertain Provisions of the

European Union in the Field of Equal Treatment

Abbreviation: ETA

Date of adoption: 03.12.2010

Latest relevant amendment: 29.04.2016

Entry into force: 01.01.2011

Web link: https://www.rpo.gov.pl/en/content/act-3rd-december-2010-implementation-

some-regulations-european-union-regarding-equal

Grounds covered: gender, race, ethnic origin, nationality, citizenship,493religion, belief,

political opinion, disability, age and sexual orientation

Civil/administrative/criminal law

Material scope: Full scope as covered by Directives 2000/43 and 2000/78:

employment, access to goods and services (including housing), social protection, social

advantages, education

Principal content: Almost verbatim implementation of 5 Directives, including 2000/43

and 2000/78:

- prohibition of direct and indirect discrimination, instructions to discriminate

harassment and victimisation

- right to compensation for infringement of equal treatment

- designation of Ombud as an equality body

Title of the Law: Act on the Labour Code (implementation amendment)

Abbreviation:

Date of adoption: 14.11.2003

Latest relevant amendment: major amendment 21.11.2008

Entry into force: 01.01.2004 (18.01.2009) (01.01.2011)

Web link: http://www.przepisy.gofin.pl/przepisy,2,9,9,212,,,ustawa-z-dnia-26061974-r-

kodeks-pracy.html

Grounds covered: gender, age, disability, race, religion, nationality, political opinion,

membership of a trade union, ethnic origin, belief, sexual orientation, employment for a

definite or indefinite period of time, employment part-time or full-time; the list remains

open

Civil law: labour law

Material scope: Employment

Principal content:

- prohibition of direct and indirect discrimination, instructions to discriminate

harassment and victimisation

- right to compensation for infringement of equal treatment

- obligation to provide information on equal treatment rules

Title of the Law: Act on the Commissioner for Human Rights

Abbreviation:

Date of adoption: amendment adopted on 03.12.2010

Latest relevant amendment: 03.12.2010

Entry into force: 01.01.2011

Web link: http://rpo.gov.pl/pl/content/ustawa-o-rzeczniku-praw-obywatelskich

Grounds covered: not listed

Civil/administrative/criminal law

Material scope: full scope

493 Protection is limited to certain categories of persons only. Discrimination on the grounds of citizenship as

such is not prohibited in the ETA. See more in Section 2.1.