Current Version
| Region | Poland |
| Issue | LGBT employment discrimination |
| Status | Sexual orientation and gender identity |
| Start Date | Dec 9, 2022 |
| End Date | now |
| Description | Articles 11-3 and 18-3a of the Labour Code (1997), as amended in 2003, prohibit direct or indirect discrimination on the basis of "sexual orientation" in employment. Article 94(2b) establishes the employer’s duty to act against such discrimination. Under Article 8(1), the prohibition on discrimination based on "sexual orientation" is contained in the Law on Equal Treatment (2010) applies to employment and access to labour market instruments and services. In 2023, the Court of Justice of the European Union declared in a case from Poland (J.K. v TP S.A., Case No. C-356/21) (2023) that freelance workers are also protected by EU law prohibiting discrimination on the grounds of "sexual orientation" in employment. In December of 2022, Joanna ?elek won her case against her employer in regards to transgender discrimination in the workplace, effectively protecting transgender people in the workplace |
| Sources | https://database.ilga.org/poland-lgbti https://rainbow-europe.org/#8653/0/0 (2022 Annual Review) https://kph.org.pl/historyczny-wyrok-sadu-osoby-transplciowe-pod-ochrona-prawa-w-zatrudnieniu/ |
Revision History (5)
Revision by asendyka. date overlapping
| Old Value | New Value (Current) | |
|---|---|---|
| Start Date | Dec 2022 | Dec 9, 2022 |
Revision by aesper. adding info
| Old Value | New Value | |
|---|---|---|
| Value | Sexual orientation only | Sexual orientation and gender identity |
| Start Date | 2004 | Dec 2022 |
| Description | Articles 11-3 and 18-3a of the Labour Code (1997), as amended in 2003, prohibit direct or indirect discrimination on the basis of "sexual orientation" in employment. Article 94(2b) establishes the employer’s duty to act against such discrimination. Under Article 8(1), the prohibition on discrimination based on "sexual orientation" is contained in the Law on Equal Treatment (2010) applies to employment and access to labour market instruments and services. In 2023, the Court of Justice of the European Union declared in a case from Poland (J.K. v TP S.A., Case No. C-356/21) (2023) that freelance workers are also protected by EU law prohibiting discrimination on the grounds of "sexual orientation" in employment. | Articles 11-3 and 18-3a of the Labour Code (1997), as amended in 2003, prohibit direct or indirect discrimination on the basis of "sexual orientation" in employment. Article 94(2b) establishes the employer’s duty to act against such discrimination. Under Article 8(1), the prohibition on discrimination based on "sexual orientation" is contained in the Law on Equal Treatment (2010) applies to employment and access to labour market instruments and services. In 2023, the Court of Justice of the European Union declared in a case from Poland (J.K. v TP S.A., Case No. C-356/21) (2023) that freelance workers are also protected by EU law prohibiting discrimination on the grounds of "sexual orientation" in employment. In December of 2022, Joanna ?elek won her case against her employer in regards to transgender discrimination in the workplace, effectively protecting transgender people in the workplace |
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| Sources | https://database.ilga.org/poland-lgbti https://rainbow-europe.org/#8653/0/0 (2022 Annual Review) | https://database.ilga.org/poland-lgbti https://rainbow-europe.org/#8653/0/0 (2022 Annual Review) https://kph.org.pl/historyczny-wyrok-sadu-osoby-transplciowe-pod-ochrona-prawa-w-zatrudnieniu/ |
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Revision by Nathan. Correction
| Old Value | New Value | |
|---|---|---|
| Value | Sexual orientation and gender identity | Sexual orientation only |
| Start Date | Dec 9, 2022 | 2004 |
| Description | Joanna ?elek sued her employer for gender discrimination and won. Effectively making gender discrimination illegal. Sexual orientation discrimination illegal as well (ilga 2022 annual review) | Articles 11-3 and 18-3a of the Labour Code (1997), as amended in 2003, prohibit direct or indirect discrimination on the basis of "sexual orientation" in employment. Article 94(2b) establishes the employer’s duty to act against such discrimination. Under Article 8(1), the prohibition on discrimination based on "sexual orientation" is contained in the Law on Equal Treatment (2010) applies to employment and access to labour market instruments and services. In 2023, the Court of Justice of the European Union declared in a case from Poland (J.K. v TP S.A., Case No. C-356/21) (2023) that freelance workers are also protected by EU law prohibiting discrimination on the grounds of "sexual orientation" in employment. |
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| Sources | https://rainbow-europe.org/#8653/0/0 (2022 Annual Review) | https://database.ilga.org/poland-lgbti https://rainbow-europe.org/#8653/0/0 (2022 Annual Review) |
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Revision by aesper. false info
| Old Value | New Value | |
|---|---|---|
| Value | (REMOVED) | Sexual orientation and gender identity |
| Special Status | Ambiguous | (REMOVED) |
| Description | Poland's legal framework regarding LGBTQ employment protections was limited compared to some other European countries. While Poland does have anti-discrimination laws that cover sexual orientation in employment, the practical enforcement of these laws and social acceptance of LGBTQ individuals have been contentious issues. . | Joanna ?elek sued her employer for gender discrimination and won. Effectively making gender discrimination illegal. Sexual orientation discrimination illegal as well (ilga 2022 annual review) |
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Revision by Canadianstudent03. Making this change due to it being an incorrect status
| Old Value (Original) | New Value | |
|---|---|---|
| Value | Sexual orientation and gender identity | (REMOVED) |
| Special Status | (REMOVED) | Ambiguous |
| Description | On December 9, the Supreme Court dismissed the extraordinary appeal brought by Attorney General Zbigniew Ziobro, ending the legal case of transgender woman Joanna ?elek who sued her employer for discrimination. After ?elek won the case in lower courts, Ziobro brought the appeal in July 2021. The dismissal makes the ruling final, assuring legal protection for transgender people from discrimination in employment. | Poland's legal framework regarding LGBTQ employment protections was limited compared to some other European countries. While Poland does have anti-discrimination laws that cover sexual orientation in employment, the practical enforcement of these laws and social acceptance of LGBTQ individuals have been contentious issues. . |
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Reports (1)
- Status is not correct "The fact that one case like that was dismissed does not mean it is now law that u cant discriminate. Polish legal system does not work that way."