Key Benefits:
ACT
of 3 December 2010
to implement certain provisions of the European Union in the field of equal treatment 1)
Chapter 1
General provisions
Article 1. [ Regulatory scope] 1. The Act lays down the areas and ways of countering violations of the principle of equal treatment on grounds of sex, race, ethnic origin, nationality, religion, religion, worldview, disability, age or sexual orientation, and competent authorities in this respect.
2. The provisions of the Act relating to nationalities shall apply mutatis mutandis to the nationality of persons enjoying the free movement of workers within the scope specified in art. 1-10 of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011. on the free movement of workers within the Union (Dz. Urz. EU L 141 of 27.05.2011, str. 1).
Article 2. [ Entities covered by the Act] 1. The Act applies to natural persons and to legal persons and organizational units which are not legal persons, to whom the Act grants legal capacity.
2. The provisions of Chapter1 and 2 shall not apply to employees within the scope of the regulated provisions of the Act of 26 June 1974. -Labour Code (Dz. U. of 2014 items 1502, with late. zm.).
Article 3. [ Definitions] Whenever there is a law in the law:
1) direct discrimination-this is understood by a situation in which a natural person on the grounds of sex, race, ethnicity, nationality, religion, religion, worldview, disability, age or sexual orientation is treated less it favourasthan is, was or would be treated as another person in a comparable situation;
(2) indirect discrimination-This is understood by a situation in which, for a natural person on the grounds of sex, race, ethnic origin, nationality, religion, religion, worldview, disability, age or sexual orientation as a result of an apparent sexual orientation, a neutral provision, the criterion used or the action taken, or could have adverse disproportions or a particularly negative situation, unless the order, criterion or action is objectively justified on the basis of the legitimate objective to be achieved and the measures for the Whereas the achievement of this objective is appropriate and necessary;
3. harassment-this means any unwanted conduct, the purpose or effect of which is to violate the dignity of a natural person and to create an intimidating, hostile, degrading, humiliating or expropriating atmosphere.
4) sexual harassment-this means any unwanted conduct of a sexual nature against a natural person or relating to sex, the purpose or effect of which is to violate the dignity of that person, in particular by creating a an intimizing, hostile, degrading, humiliating or derogatory atmosphere; this behaviour may consist of physical, verbal or non-verbal elements;
5) unequal treatment-it is understood by this treatment of natural persons in a manner which is one or more of the following behaviours: direct discrimination, indirect discrimination, harassment, sexual harassment, and less favourable treatment of a natural person resulting from the rejection of harassment or sexual harassment or subordination of sexual harassment or sexual harassment, and encouraging and prescribing such conduct;
(6) the principle of equal treatment, which is understood by the absence of any conduct which is unequal treatment;
(7) services-shall be understood by the services within the meaning of the Article. 57 Treaty on the Functioning of the European Union.
Article 4. [ Scope of application] The Act shall apply to the extent of:
(1) undertake vocational training, including education, training, retraining and apprgitilation;
2) the conditions for the taking up and pursuit of an economic or professional activity, including, in particular, as part of a employment relationship or a work on the basis of a civil-law contract;
3) access and act in trade unions, employers ' organisations and professional self-governments, and the exercise of the powers of the members of these organizations;
4) access and conditions of use:
(a) labour market instruments and labour market services as defined in the Act of 20 April 2004. on the promotion of employment and labour market institutions (Dz. U. of 2016 r. items 645, 691, 868) offered by labour market institutions and labour market instruments and labour market services offered by other entities working for employment, development of human resources and counteracting unemployment,
(b) social security,
(c) health care,
(d) education and higher education,
(e) services, including housing services, goods and the acquisition of rights and energy, if they are offered to the public.
Article 5. [ Exemption of application] The Act shall not apply to:
1) the spheres of private and family life and the legal acts remaining in connection with these spheres;
2) the content of the mass media and the notices in terms of access and supply of goods and services, in the scope of the different treatment on grounds of sex;
3) the freedom to choose the party of the contract, as long as it is not based on gender, race, ethnicity or nationality;
4) educational services in the area of different sex treatment;
5) variety of treatment on grounds of sex in access and conditions of use of services, things and the acquisition of rights or energy, if their provision solely or principally to the representatives of one sex is objectively and reasonably justified by the aim the legitimate and the means of achieving that aim are appropriate and necessary;
6. different treatment as to the possibilities and conditions for the taking up and pursuit of the professional activities and the taking, taking and completion of a vocational training course, including in the field of higher education, if the type or conditions the pursuit of a given professional activity causes that the reason for the difference in treatment is the actual and decisive professional requirement of the natural person concerned, proportionate to the attainment of the legitimate objective of diversifying the situation in question. persons;
7) curtailing by churches and other religious associations, as well as organizations whose ethics is based on religion, religion or belief, access to professional activity and its exercise due to religion, religion or worldview, if the type or conditions for the pursuit of such an activity causes religion, religion or belief to be the actual and decisive professional requirement of the natural person concerned, proportionate to the attainment of the legitimate objective differentiation of the person's situation; this also applies to the requirements of employed persons physical acts in good faith and loyalty to the ethics of the church, another religious union and organizations whose ethics is based on religion, religion or belief;
8) different treatment of natural persons on account of age:
(a) where it is objectively and reasonably justified by a legitimate objective, in particular the objectives of vocational training, provided that the means of achieving that aim are appropriate and necessary,
(b) to determine, for the purposes of social security, different rules for granting or acquiring entitlement to benefits, including different age criteria for calculating the amount of benefits; in the case of occupational pension schemes such different the treatment is acceptable, provided that it does not constitute discrimination on grounds of sex;
9) disparate treatment, due to the criterion of citizenship, natural persons who are not nationals of Member States of the European Union, Member States of the European Free Trade Association (EFTA)-parties to the agreement on the European Economic Area Economic or Swiss Confederation or members of their families, in particular as regards the conditions of entry and stay in the territory of the Republic of Poland and related to legal status.
Chapter 2
Principle of equal treatment and legal remedies for its protection
Article 6. [ The principle of equal treatment in terms of access and conditions for the use of social security] The unequal treatment of natural persons on grounds of sex, race, ethnic origin or nationality in terms of access and conditions of use of social security, services, including housing services, goods and acquisition of rights, or the acquisition of rights, shall be prohibited or prohibited. energy, if they are offered to the public.
Article 7. [ Principle of equal treatment in health care and education and higher education] Unequal treatment of natural persons on grounds of race, ethnicity or nationality in the areas of health care and education and higher education shall be prohibited.
Article 8. [ Principle of equal treatment in other areas] 1. Disequal treatment of individuals on grounds of sex, race, ethnicity, nationality, religion, religion, belief, disability, age or sexual orientation shall be prohibited in the following areas:
(1) undertake vocational training, including education, training, retraining and apprgitilation;
2) the conditions for the taking up and pursuit of an economic or professional activity, including, in particular, as part of a employment relationship or a work on the basis of a civil-law contract;
3) access and act in trade unions, employers ' organisations and professional self-governments, and the exercise of the powers of the members of these organizations;
4) access and conditions for the use of labour market instruments and labour market services as defined in the Act of 20 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 working for employment, development of human resources and countermeasures unemployment.
2. It shall not constitute a breach of the prohibition referred to in paragraph 1. 1, unequal treatment on the grounds of religion, religion, worldview, disability, age or sexual orientation in taking the measures necessary in a democratic state for its public security and order, health protection or to protect the freedom and rights of others and to prevent actions under criminal sanctions, to the extent specified in other provisions.
Article 9. [ Prohibition of encouraging unequal treatment or ordering unequal treatment] It shall be prohibited to encourage unequal treatment or to prescribe the unequal treatment set out in Article 4. 6, art. 7 and art. 8 ust. 1.
Article 10. [ The principle of equal treatment of legal persons and organizational units not legal persons] To the extent specified in the Article. 6, art. 7, art. 8 ust. 1 and Art. 9 the unequal treatment of legal persons and organisational units which are not legal persons, respectively, to which the Act grants legal capacity, if the breach of the principle of equal treatment takes place on the grounds of race, origin ethnic or nationality of their members.
Article 11. [ Infringement of the principle of equal treatment] It shall not constitute an infringement of the principle of equal treatment to take action to prevent unequal treatment or to compensate for the inconvenience of unequal treatment which underlies one or more of the reasons referred to in Article 4. 1.
Article 12. [ Violation of the principle of equal treatment related to pregnancy and leave] 1. In the case of breaches of the principle of equal treatment set out in this Act, in relation to a natural person, including in connection with pregnancy, maternity leave, leave on the terms of maternity leave, paternity leave, parental leave, or Parental leave, natural persons shall be entitled to a claim as referred to in Article 4. 13.
2. In the case of infringements referred to in art. 10, the claim referred to in art. 13, shall be entitled to legal persons and organisational entities which are not legal persons to which the law grants legal capacity if the infringement has been committed against them.
Article 13. [ Right to compensation] 1. Any person whose principle of equal treatment has been infringed shall have the right to compensation.
2. In cases of infringement of the principle of equal treatment, the provisions of the Act of 23 April 1964 shall apply. -Civil Code (Dz. U. of 2016 r. items 380 and 585).
Article 14. [ Application of the Civil Procedure Code] 1. The provisions of the Act of 17 November 1964 shall apply to proceedings for infringement of the principle of equal treatment. -Code of Civil Procedure (Dz. U. of 2014 items 101, of late. zm.).
2. Who accuses the breach of the principle of equal treatment, prima facie evidence of the breach of the principle of equal treatment.
(3) In the event of a prima facie case of infringement of the principle of equal treatment, the one to which a breach of that principle has been alleged shall be obliged to demonstrate that it has not committed the infringement.
Article 15. [ Limitation of claims for infringement of the principle of equal treatment] The limitation period for breaches of claims for breach of the principle of equal treatment shall be 3 years from the date on which the aggrieved party claims that the principle of equal treatment has been infringed, but no longer than 5 years after the occurrence of the event constituting the violation of this principle.
Article 16. [ Investigation of claims under the Act] The investigation of claims under this Act does not deprive the right to pursue claims under the provisions of other laws.
Article 17. [ Prohibition of negative consequences for the exercise of the powers conferred on the principle of equal treatment] (1) The exercise of the powers of a breach of the principle of equal treatment cannot be the basis for unfavourable treatment and must not give rise to any negative consequences for those who have benefited from them.
2. Paragraph Recipe 1 shall also apply to the person who has granted in any form of support to the beneficiary of the powers conferred on the infringement of the principle of equal treatment.
3. The cases referred to in paragraph. 1 and 2, the provisions of Article 1 shall apply. 13-15.
Chapter 3
Competent authorities in counteracting infringements of the principle of equal treatment
Article 18. [ Bodies responsible for carrying out tasks concerning the implementation of the principle of equal treatment] The performance of the tasks relating to the implementation of the principle of equal treatment shall be entrusted to the Ombudsman and the representative of the Government for equal treatment.
Article 19. [ Ombudsman] The Ombudsman shall perform the tasks relating to the implementation of the principle of equal treatment in accordance with the rules and procedures laid down in the separate provisions.
Article 20. [ Attorney of the Government for Equal Treatment] 1. The Plenipotentiary of the Government for Equal Treatment, hereinafter referred to as the "Plenipotentiary", shall appoint and dismiss the President of the Council of Ministers.
2. The Plenipotentiary shall be governed by the Prime Minister.
3. The Plenipotentiary is the Secretary of State in the Chancellery of the Prime Minister.
4. Technical, organizational and legal services, technical and office services of the Plenipotentiary shall be provided by the Chancellery of the Prime Minister.
Article 21. [ Plenipotentiary's Tasks] 1. The tasks of the Plenipotentiary shall be implemented by the Government's policy on the principle of equal treatment, including the prevention of discrimination, in particular on the grounds of sex, race, ethnicity, nationality, religion, religion, worldview, age, disability and sexual orientation.
2. The tasks of the Plenipotentiary shall be in particular:
1) the development and opinion of draft legal acts in the field of equal treatment;
2) carrying out analyses and assessments of legal solutions in terms of respecting the principle of equal treatment, and the presence of the competent authorities with requests for the issue of, or amendment of, legal acts in matters belonging to the Plenipotentiary;
3) taking action to eliminate or limit the effects of the infringement of the principle of equal treatment;
4) making analyses and assessments of the legal and social situation in the scope referred to in the paragraph. 1, and the initiation, implementation, coordination or monitoring of activities aimed at ensuring equal treatment, as well as protection against discrimination;
5) monitoring the situation as regards compliance with the principle of equal treatment;
6. promoting, disseminating and promoting the issue of equal treatment;
7. cooperation with national social organisations, including trade unions and employers ' organisations.
3. The tasks of the Plenipotentiary shall also be:
1) cooperation in matters relating to equal treatment and counteracting discrimination with other countries, organizations and international and foreign institutions,
2) cooperation in the preparation of reports and reports on the implementation of binding Republic of Poland of international agreements on the principle of equal treatment and counteracting discrimination,
3) presentation of opinions on the possibility of accession by the Republic of Poland to international agreements on the principle of equal treatment and anti-discrimination
-in agreement with the relevant ministers.
4. The Plenipotentiary may submit, with the consent of the President of the Council of Ministers, the draft government documents, resulting from the scope of its action, including the programmes for the principle of equal treatment and the prevention of discrimination, to consideration by the Council of Ministers.
5. The Plenipotentiary may initiate, implement, coordinate or monitor programmes for the principle of equal treatment and to counteract violations of the principle of equal treatment, in cooperation with the relevant ministers.
6. The Plenipotentiary may enter into programmes or projects co-financed from the measures referred to in art. 5 par. 1 point 2 of the Act of 27 August 2009. on public finances (Dz. U. of 2013 r. items 885, as late. (m), concerning equal treatment and combating discrimination, and to carry out these programmes or projects.
7. Tasks related to the counteraction of discrimination on the grounds of disability of the Plenipotentiary shall perform in cooperation with the Plenipotentiary of the Government for the Affairs of Persons with Disabilities.
Article 22. [ Action programme for equal treatment] The Plenipotentiary shall draw up and submit to the Council of Ministers the National Action Programme for Equal Treatment, setting out the objectives and priorities of the action for equal treatment, in particular in the field of:
1) raising public awareness in the area of equal treatment, including on the causes and effects of the breach of the principle of equal treatment;
2. counteracting violations of the principle of equal treatment;
3) cooperation with social partners, non-governmental organisations and other entities in the area of equal treatment.
Article 23. [ Report of Plenipotentiary] The representative shall draw up and submit to the Council of Ministers, by 31 March of each year, a report for the previous calendar year, containing:
1) information on the activities carried out in the field of equal treatment and the results thereof;
2) the conclusions and recommendations on the actions to be taken to ensure compliance with the principle of equal treatment;
3) a report on the implementation of the National Action Programme for Equal Treatment, referred to in art. 22.
Chapter 4
Amendments to the provisions in force, transitional and final provisions
Article 24. (bypassed)
Article 25. (bypassed)
Article 26. (bypassed)
Article 27. (bypassed)
Article 28. (bypassed)
Article 29. (bypassed)
Article 30. (bypassed)
Article 31. [ Attorney of the Government for Equal Treatment] Representative of the Government for Equal Treatment established and established on the basis of art. 10 para. 1 and 3 of the Act of 8 August 1996. o Council of Ministers (Dz. U. 2003 r. items 199, with late-night zm.) becomes the Plenipotentiary of the Government for Equal Treatment within the meaning of this Act.
Article 32. [ First report and first report on the implementation of the National Action Programme for Equal Treatment] First report referred to in art. 23, the Plenipotentiary of the Government for Equal Treatment shall submit to the Council of Ministers by 31 March 2012, with the first report on the implementation of the National Action Programme for Equal Treatment-by 31 March 2013.
Article 33. [ Entry into force] The Act shall enter into force on 1 January 2011.
Article 33.
1) This Act shall, in the field of its regulation, implement the following Directives:
1) Council Directive 86 /613/EEC of 11 December 1986. on the application of the principle of equal treatment for self-employed men and women, including in agriculture, and on the protection of self-employed women during pregnancy and maternity (Dz. Urz. EC L 359 of 19.12.1986, p. 56; Dz. Urz. EU Polish Special Edition, rozdz. 5, t. 1, str. 330);
2) Council Directive 2000 /43/EC of 29 June 2000. the implementation of the principle of equal treatment of persons irrespective of racial or ethnic origin (Dz. Urz. EC L 180 of 19.07.2000, p. 22; Dz. Urz. EU Polish Special Edition, rozdz. 20, t. 1, str. 23);
3) Council Directive 2000 /78/EC of 27 November 2000. establishing a general framework for equal treatment in the field of employment and occupation (Dz. Urz. EC L 303, 02.12.2000, p. 16; Dz. Urz. EU Polish Special Edition, rozdz. 5, t. 4, str. 79);
4) Council Directive 2004 /113/EC of 13 December 2004. implementing the principle of equal treatment of men and women in the access to goods and services and the provision of goods and services (Dz. Urz. EU L 373, 21.12.2004, p. 37);
5) Directive 2006 /54/EC of the European Parliament and of the Council of 5 July 2006. on the implementation of the principle of equal opportunities and equal treatment of women and men in matters of employment and occupation (recast) (Dz. Urz. EU L 204, 26.07.2006, p. 23);
6) Directive of the European Parliament and of the Council 2014 /54/EU of 16 April 2014. on measures to facilitate the exercise of the rights conferred on workers in the context of the free movement of workers (Dz. Urz. EU L 128 of 30.04.2014, p. 8).
