The Act Of 3 December 2010 On The Implementation Of Certain Provisions Of The European Union In The Field Of Equal Treatment

Original Language Title: USTAWA z dnia 3 grudnia 2010 r. o wdrożeniu niektórych przepisów Unii Europejskiej w zakresie równego traktowania

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Chapter 1 General provisions Article. 1. [range] 1. The Act specifies the areas and ways to counteract the infringements of the principle of equal treatment on grounds of sex, race, ethnic origin, nationality, religion, religion, belief, disability, age or sexual orientation, and the competent authorities in this respect.

2. The provisions of the Act relating to nationality shall apply mutatis mutandis to the citizenship of the people benefiting from the free movement of workers within the scope defined in article 1. 1-10 for a regulation of the European Parliament and of the Council (EU) No 492/2011 of 5 April 2011 on the free movement of workers within the Union (OJ. EU L 141 of 27.05.2011, p. 1).



Article. 2. [entities covered by the application of the Act] 1. The law applies to natural persons and to legal persons and organizational units which are not legal persons, where the law recognizes the legal capacity.

2. The provisions of Chapter 1 and 2 shall not apply to employees within the scope of the provisions of the Act of 26 June 1974-labour code (Journal of laws of 2014.1502, as amended).



Article. 3. [Definitions] Whenever the law is talking about: 1) direct discrimination – shall mean a situation in which a natural person because of sex, race, ethnic origin, nationality, religion, religion, belief, disability, age or sexual orientation is treated less favourably than it is, has been or would be treated in a comparable situation, another person;

2) indirect discrimination-shall mean a situation in which for an individual on grounds of sex, race, ethnic origin, nationality, religion, religion, belief, disability, age or sexual orientation as a result of seemingly neutral provisions, criteria applied or action occur or could occur negative imbalances or particularly unfavorable for her situation, unless that provision, criterion or measure is objectively justified by a legitimate aim that has to be achieved and the means of achieving that aim are appropriate and necessary;

3) harassment – shall mean any unwanted behavior, which has the purpose or effect of violating the dignity of a person and the creation to her intimidating, hostile, degrading, humiliating or offensive environment;

4) sexual harassment – shall mean any unwanted conduct of a sexual nature to a natural person or relating to gender, which has the purpose or effect of violating the dignity of the person, in particular by creating a to her intimidating, hostile, degrading, humiliating or offensive environment; This behavior can be physical, verbal or non-verbal elements;

5) unequal treatment – shall mean the treatment of individuals in a way that one or more of the following behaviors: direct discrimination, indirect discrimination, harassment, sexual harassment, as well as less favourable treatment of a natural person resulting from the rejection of harassment or sexual harassment, or to submit to harassment or sexual harassment, and to encourage such behavior and being prescribed these behaviors;

6) the principle of equal treatment – shall mean the absence of any behaviour which constitute unequal treatment;

7) services means services within the meaning of article. 57 of the Treaty on the functioning of the European Union.



Article. 4. [the scope of application of the Act], the law shall apply to the extent that: 1) taking up vocational training, including training, development, retraining and apprenticeships;

2) conditions for the taking up and pursuit of the business or professional activities, including in particular in the framework of an employment relationship or under a contract civil law;

3) accession and trade unions, employers ' organisations and trade authorities, as well as the use of the powers granted to members of these organizations;

4) access and terms of use: (a) labour market instruments) and labour market services specified in the Act of 20 April 2004 on employment promotion and labour market institutions (Journal of laws of 2016.645, 691, 868) offered by the labour market institutions and instruments of the labour market and labour market services offered by other entities operating on human resources development, employment and unemployment , b) social security, c) healthcare, d) education and higher education, e) services, including residential services, and the purchase of the right, and energy, if they are offered to the public.



Article. 5. the [exclusion of application of this Act] this Act shall not apply to: 1) the sphere of private and family life and legal actions in connection with these spheres;

2) content in the mass media and notices in respect of access to and supply of goods and services, with regard to different treatment on grounds of sex;

3) freedom to choose the parties to the agreement, as long as it is not based on gender, race, ethnic origin or nationality;

4) education services with regard to different treatment on grounds of sex;

5) a difference in treatment on grounds of sex in access to and conditions of use of the services, and the purchase of the right or power, if they provide exclusively or mainly for representatives of one sex is objectively and reasonably justified by a legitimate aim, and the means for achieving this 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 to take, hold, and graduate in the field of vocational training, including higher education, if the nature or conditions for the exercise of a professional activity have the effect that the cause of the difference in treatment is a real and decisive occupational requirement posed a particular natural person, proportionate to the achievement of the legitimate to differentiate the situation of that person;

7) limit by churches and other religious organizations, as well as organizations whose ethics is based on religion, profession or vision, access to professional activity and to the exercise thereof because of religion, religion or belief, the nature or conditions for the exercise of such activities makes religion, religion or belief are real and decisive occupational requirement posed a particular natural person, proportionate to the achievement of the legitimate to differentiate the situation of that person; This also applies to the requirements of employed individuals of good faith and loyalty to the ethics of the Church, a different relationship of religion and the Organization, which is based on ethics, religion, profession or vision;

8) the different treatment of individuals because of age: a) when it is objectively and reasonably justified by a legitimate aim, in particular, the objectives of the vocational training, provided that the measures for achieving this aim are appropriate and necessary, b) of determining for the purposes of social security different rules for granting or acquisition of the right to benefits, including various age criteria for the calculation of benefits; in the case of occupational pension schemes that difference in treatment is acceptable, provided that this does not constitute discrimination on grounds of sex;

9) different treatment because of the criterion of nationality of natural persons for non-Member States of the European Union, the Member States of the European Free Trade Association (EFTA) parties to the agreement on the European economic area or the Swiss Confederation or members of their families, in particular with regard to the conditions of entry and residence in the territory of the Polish Republic and the legal status.



Chapter 2, the principle of equal treatment and remedies for the protection of the Article. 6. [the principle of equal treatment with regard to access and the conditions for the use of social security] prohibited unequal treatment of individuals on grounds of sex, race, ethnic origin or nationality with regard to access and the conditions for the use of the social security services, including residential services, and the purchase of the right or power, if they are offered to the public.



Article. 7. [the principle of equal treatment in the health care and education and higher education] shall be prohibited from the unequal treatment of individuals on the basis of race, ethnic origin or nationality in terms of health care and education and higher education.



Article. 8. [the principle of equal treatment in other areas] 1. It is prohibited to the unequal treatment of individuals on grounds of sex, race, ethnic origin, nationality, religion, religion, belief, disability, age or sexual orientation in the areas of: 1) taking up vocational training, including training, development, retraining and apprenticeships;

2) conditions for the taking up and pursuit of the business or professional activities, including in particular in the framework of an employment relationship or under a contract civil law;

3) accession and trade unions, employers ' organisations and trade authorities, as well as the use of the powers granted to members of these organizations;


4) access and terms of use of the labour market and labour market services specified in the Act of 20 April 2004 on employment promotion and labour market institutions offered by labour market institutions and instruments of the labour market and labour market services offered by other entities operating for employment, human resource development and the prevention of unemployment.

2. Does not constitute an infringement of the prohibition referred to in paragraph 1. 1, unequal treatment on grounds of religion, religion, belief, disability, age or sexual orientation as regards the taking of measures necessary in a democratic State for its public safety and order, protection of health or the protection of the freedoms and rights of other people and to prevent actions subject to criminal penalties, to the extent specified in other legislation.



Article. 9. [the ban to encourage the unequal treatment or imposing unequal treatment] are prohibited from encouraging discrimination, or imposing unequal treatment referred to in article 1. 6, art. 7 and art. 8 paragraph 1. 1. Article. 10. [the principle of equal treatment of legal persons and organizational units which are not legal persons] within the scope defined in article 1. 6, art. 7, art. 8 paragraph 1. 1 and art. 9 prohibited unequal treatment respectively legal persons and organizational units which are not legal persons, where the law recognizes the legal capacity, if the breach of the principle of equal treatment is on the grounds of race, ethnic origin or nationality of its members.



Article. 11. [Act provides the principle of equal treatment] does not constitute an infringement of the principle of equal treatment, taking action to prevent unequal treatment or aligning the inconvenience of unequal treatment, at the heart of which is one or more of the reasons referred to in article 1. 1. Article. 12. [breach of the principle of equal treatment associated with pregnancy and vacation] 1. In the case of infringements of the principle of equal treatment referred to in this Act, in relation to a natural person, including in connection with pregnancy, maternity leave, leave on terms of maternity leave, paternity leave, parental leave or educational leave, individuals are entitled to claim, as referred to in article. 13.2. In the event of infringements referred to in article 1. 10, the claim referred to in article 2. 13, are entitled to legal persons and organizational units that are not legal persons, where the law recognizes the legal capacity, if the violation occurred to them.



Article. 13. [the right to compensation] 1. Anyone to whom the principle of equal treatment has been violated, has the right to compensation.

2. In cases of infringement of the principle of equal treatment shall apply the provisions of the Act of 23 April 1964 – Civil Code (Journal of laws of 2016, item 380 and 585).



Article. 14. [Application of the code of civil procedure] 1. To proceedings for infringement of the principle of equal treatment shall apply the provisions of the law of 17 November 1964 – code of civil procedure (OJ of 2014.101, as amended).

2. who alleges breach of the principle of equal treatment, the circumstances is asserted infringement.

3. in the event of a probable breach of the principle of equal treatment, which was accused of a violation of this rule, is obliged to demonstrate that it was not its breach.



Article. 15. [limitation of claims for breach of the principle of equal treatment] the limitation period for claims arising from infringement of the principle of equal treatment is 3 years from the date of receiving by the victim message about the breach of the principle of equal treatment, not longer than 5 years after the occurrence of the event constituting a violation of this rule.



Article. 16. [redress under the Act] claims under this Act does not deprive the right to redress on the basis of the provisions of other laws.



Article. 17. [prohibition of negative consequences for the exercise of rights in respect of infringement of the principle of equal treatment] 1. The exercise of rights in respect of infringement of the principle of equal treatment cannot be the basis for adverse treatment, and may not result in any negative consequences to those who benefited from them.

2. the provision of paragraph 1. 1 shall apply also to the one who has given any form of support to the licensee of the rights in respect of infringement of the principle of equal treatment.

3. for the cases referred to in paragraph 1. 1 and 2, shall apply the provisions of article 4. 13-15.



Chapter 3 the authorities competent in matters of prevention of violations of the principle of equal treatment Article. 18. [the bodies responsible for the execution of tasks relating to the implementation of the principle of equal treatment] the execution of tasks relating to the implementation of the principle of equal treatment shall be entrusted to the Ombudsman and a Representative Government to equal treatment.



Article. 19. [Ombudsman] the Ombudsman performs tasks relating to the implementation of the principle of equal treatment on the basis of and as specified in separate regulations.



Article. 20. [Representative Government to equal treatment] 1. The representative of the Government to equal treatment, hereinafter referred to as "the Delegate", appoints and dismisses the Prime Minister.

2. The delegate of the President of the Council of Ministers.

3. Representative is Secretary of State in the Chancellery.

4. Support for the substantive, organizational and legal, technical and Chancery-Office Agent provides Kprm.



Article. 21. [Task Delegate] 1. The tasks of the Representative should be the implementation of Government policy in terms of the principle of equal treatment, including discrimination, in particular on grounds of sex, race, ethnic origin, nationality, religion, religion, belief, age, disability and sexual orientation.

2. The tasks of the Representative, in particular: 1) developing and issuing opinions on draft legislation in respect of the principle of equal treatment;

2) analyses and assessments of legal solutions for the respect of the principle of equal treatment, as well as the presence of the competent authorities of applications for the issue or amendment of legal acts in matters belonging to the delegate;

3) taking measures to eliminate or reduce the effects resulting from the breach of the principle of equal treatment;

4) analyses and assessments of the situation of legal and social to the extent referred to in paragraph 1. 1, and to initiate, implement, coordinate or monitoring efforts to ensure equal treatment and protection against discrimination;

5) monitoring of compliance with the principle of equal treatment;

6) promotion, dissemination and promotion of the issue of equal treatment;

7) cooperation with national social organizations, including trade unions and employers ' organisations.

3. The tasks of the Representative you must also: 1) cooperation in matters relating to equal treatment and combating discrimination with other States, organisations and international institutions and foreign, 2) cooperation in the preparation of reports and reports on the implementation of binding international agreements the Republic of Poland concerning the principle of equal treatment and anti-discrimination, 3) presenting the opinion on the possibility of accession by the Republic of Poland to the international agreements relating to the principle of equal treatment and anti-discrimination-in agreement with the competent Ministers.

4. A delegate may request, with the agreement of the President of the Council of Ministers, developed by government documents projects resulting from the scope of its activities, including programs for the benefit of the principle of equal treatment and anti-discrimination, for consideration by the Council of Ministers.

5. A delegate may initiate, implement, coordinate or monitor the programs for the benefit of the principle of equal treatment and the prevention of violations of the principle of equal treatment, in cooperation with the competent Ministers.

6. A delegate may enter into programs or projects co-financed from the funds referred to in article 1. 5. 1 point 2 of the Act of 27 August 2009 on public finances (Journal of laws of 2013.885, as amended) concerning equal treatment and anti-discrimination, as well as to implement these programmes or projects.

7. the tasks related to the prevention of discrimination on grounds of disability Delegate performs in cooperation with Representative Government for the People with disabilities.



Article. 22. [action programme for equal treatment] Delegate shall draw up and submit to the Council of Ministers of the National action programme for equal treatment, setting out the objectives and priorities of the action for equal treatment, in particular in the areas of: 1) public awareness on equal treatment, including on the causes and effects of the infringement of the principle of equal treatment;

2) prevent violations of the principle of equal treatment;

3) cooperation with the social partners, non-governmental organizations and other actors in the field of equal treatment.



Article. 23. [the report of the Representative] Delegate shall draw up and submit to the Council of Ministers, by 31 March each year at the latest, a report for the previous calendar year, containing:


1) about your business in terms of equal treatment and its results;

2) conclusions and recommendations for actions to be taken in order to ensure compliance with the principle of equal treatment;

3) National implementation report Of Activities for the benefit of equal treatment referred to in article 2. 22. Chapter 4 changes in the legislation in force, transitional and final provisions Article. 24. (omitted) Art. 25. (omitted) Art. 26. (omitted) Art. 27. (omitted) Art. 28. (omitted) Art. 29. (omitted) Art. 30. (omitted) Art. 31. [Representative Government to equal treatment] Delegate the Government the equal treatment constituted and appointed on the basis of article. 10 paragraph 1. 1 and 3 of the Act of 8 August 1996 on the Council of Ministers (Journal of laws of 2003, item 199, as amended) becomes the Representative of the Government to the equal treatment within the meaning of this Act.



Article. 32. [the first report and the first report on the implementation of a national programme of action for the equal treatment of] the first report referred to in article 2. 23, the Government Delegate to equal treatment shall submit to the Council of Ministers until March 31, 2012, with the first report on the implementation of the national action programme on equal treatment – to 31 March 2013.



Article. 33. [entry into force] this Act shall enter into force on 1 January 2011.



Article. 33.1) this Act shall be made in its regulation of the implementation of the following directives: 1) of Council Directive 86/613/EEC of 11 December 1986 on the application of the principle of equal treatment between women and men self-employed, including in agriculture, and on the protection of self-employed women during pregnancy and motherhood (OJ. EC-L 359 of 19.12.1986, p. 56; Oj. EU Polish Special Edition, chapter. 5, vol. 1, p. 330);

2) of Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ. EC-L 180 of 19.07.2000, p. 22; Oj. EU Polish Special Edition, chapter. 20, vol. 1, p. 23);

3) Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ. EC-L 303 of 02.12.2000, p. 16; Oj. EU Polish Special Edition, chapter. 5, vol. 4, p. 79);

4) of Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment for men and women as regards access to goods and services and the supply of goods and services (OJ. EU L 373, 21.12.2004 of, 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 men and women in matters of employment and occupation (recast) (OJ. EU L 204 of 26.07.2006, p. 23);

6) a directive of the European Parliament and of the Council/54/EU of 16 April 2014 on measures to facilitate the use of the rights granted to workers in the context of the free movement of workers (OJ. EU L 128 of 30.04.2014, p. 8).

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