Discrimination

Within the framework of the decree, 'discrimination' encompasses both direct and indirect forms. Direct discrimination occurs when a person is treated less favorably than another in a comparable situation on the basis of sex. Indirect discrimination arises when an apparently neutral provision, criterion, or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless objectively justified by a legitimate aim. This broad definition is crucial for addressing systemic biases contributing to the gender pay gap and ensuring comprehensive protection under the law.

In the context of Bulgarian employment law, discrimination is prohibited on a wide range of grounds, including ethnicity, origin, sex, race, political and religious convictions, affiliation to trade unions, social and property status, existence of mental or physical disabilities, as well as differences in contract term and duration of working time. It encompasses both direct discrimination (less favourable treatment of a person compared to another in similar circumstances) and indirect discrimination (an ostensibly neutral provision, criterion, or practice that places a person in a less favourable position unless objectively justified). The Protection Against Discrimination Act further elaborates on these prohibitions, aiming to ensure equality of treatment and opportunities.

Discrimination, as defined in Article 4 of the Law on Protection from Discrimination, refers to any direct or indirect less favorable treatment of a person based on prohibited grounds, which explicitly include sex, race, nationality, ethnic origin, citizenship, origin, religion or belief, education, opinions, political belonging, personal or public status, disability, age, sexual orientation, marital status, property status, or any other grounds established by law or international treaties. Direct discrimination occurs when a person is treated less favorably than another in comparable circumstances due to one of these grounds. Indirect discrimination involves an apparently neutral provision, criterion, or practice that puts a person in a less favorable position on a prohibited ground, unless objectively justified. The 2016 Law on Equality between Women and Men aims to prevent and combat such discrimination as part of its broader gender equality policy.

Under the Anti-Discrimination Act (Act No. 198/2009 Coll.), referenced by the Czech Labor Code, discrimination includes direct discrimination, indirect discrimination, harassment, sexual harassment, persecution, instruction to discriminate, and incitement to discriminate. It is prohibited on grounds such as sex (including pregnancy, maternity, paternity, gender identity), sexual orientation, racial or ethnic origin, nationality, age, disability, religion, belief, property, marital and family status, and political or other opinions. Differential treatment is only permissible if it constitutes an essential and proportionate requirement for the performance of specific work activities.

Discrimination, as defined in the Non-Discrimination Act, encompasses direct discrimination (less favourable treatment in comparable situations based on personal characteristics), indirect discrimination (an apparently neutral rule disadvantaging a group without legitimate justification), harassment (violating dignity and creating a hostile environment), denial of reasonable adjustments (failure to accommodate persons with disabilities), and an instruction or order to discriminate.

The Labour Code, read in conjunction with Act CXXV of 2003 on Equal Treatment and the Promotion of Equal Opportunities, prohibits various forms of discrimination. This includes direct discrimination (less favorable treatment based on a protected characteristic), indirect discrimination (an apparently neutral practice disadvantaging a protected group without objective justification), harassment, unlawful segregation, and retaliation. Protected characteristics are broadly defined and include sex, race, nationality, disability, age, and family status, among others.

Law 162/2021 expands the definition of discrimination to include both direct and indirect forms. Direct discrimination involves any less favorable treatment based on sex, explicitly covering candidates in personnel selection. Indirect discrimination refers to apparently neutral provisions, criteria, or practices, including organizational ones or those affecting working hours, that place or may place one sex at a particular disadvantage, unless objectively justified by essential job requirements.

Discrimination encompasses any direct or indirect less favorable treatment, harassment, sexual harassment, or an instruction to directly or indirectly discriminate against persons on the grounds of gender, race, nationality, citizenship, language, origin, social status, faith, beliefs or views, age, sexual orientation, disability, ethnic origin, or religion. Direct discrimination occurs when one person is treated less favorably than another in a comparable situation due to a protected characteristic. Indirect discrimination arises from an act, omission, legal provision, assessment criterion, or practice that, while formally neutral, disproportionately disadvantages persons sharing a particular protected characteristic, unless objectively justified by a legitimate aim and the means to achieve it are appropriate and necessary.

According to the Law on Equal Opportunities for Women and Men, discrimination encompasses direct and indirect discrimination, sexual harassment, harassment, and instruction to discriminate against individuals on the basis of sex. This broad definition covers various forms of unequal treatment, including less favorable treatment due to sex (direct discrimination) and seemingly neutral provisions that disproportionately disadvantage one sex (indirect discrimination), as well as unwanted conduct of a sexual nature or related to sex that creates a hostile environment.

Discrimination means discrimination based on sex or because of family responsibilities, sexual orientation, age, religion or belief, racial or ethnic origin, or gender identity, gender expression or sex characteristics and includes the treatment of a person in a less favourable manner than another person is, has been or would be treated on these grounds.

In the context of Maltese law, including the Gender Identity, Gender Expression and Sex Characteristics Act and the Equality for Men and Women Act (Chapter 456), discrimination means any distinction, exclusion, restriction, or preference based on grounds such as gender identity, gender expression, or sex characteristics, which has the purpose or effect of nullifying or impairing the recognition, enjoyment, or exercise by all persons, on an equal footing, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil, or any other field. This includes direct and indirect discrimination, harassment, and victimisation.

Discrimination, as defined in the Act on Equal Treatment on the Grounds of Disability or Chronic Illness, encompasses both direct and indirect forms. Direct discrimination occurs when a person is treated less favorably than another in a comparable situation on the grounds of a real or alleged disability or chronic illness. Indirect discrimination arises when a seemingly neutral provision, criterion, or practice disproportionately disadvantages persons with a disability or chronic illness, unless that provision, criterion, or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary. The Act also explicitly prohibits harassment related to disability or chronic illness and the instruction to discriminate.

Discrimination, as prohibited by the Slovak Labour Code and the Anti-discrimination Act, refers to any form of restriction or differential treatment in labour-law relations based on grounds such as sex, marital status, sexual orientation, race, age, health, religion, political conviction, trade union activity, national origin, property, or other status. Such differential treatment is only permissible if it is objectively justified by the inherent nature of the job or the circumstances of its performance, constituting a genuine and decisive occupational requirement, and if the objective is legitimate and the requirement proportionate.

Discrimination, as defined by the Act, encompasses direct discrimination (less favourable treatment in comparable situations), indirect discrimination (neutral provisions disadvantaging a group), harassment, sexual harassment, victimisation, instruction to discriminate, and incitement to discriminate. It is prohibited on grounds such as sex, race, age, disability, religion, sexual orientation, and other statuses. The Act provides a comprehensive framework to address both overt and subtle forms of unequal treatment.

Under Article 6 of ZDR-1, discrimination refers to any direct or indirect less favourable treatment of a job seeker or employee in comparable situations due to personal circumstances such as nationality, race, ethnic origin, national and social origin, sex, colour of skin, health status, disability, religion or belief, age, sexual orientation, family status, trade union membership, financial status, or other personal circumstances. Both direct discrimination (less favourable treatment) and indirect discrimination (seemingly neutral provisions or practices putting a group at a disadvantage) are prohibited. Less favourable treatment related to pregnancy or parental leave is explicitly considered discrimination, underscoring the Act's broad protective scope.

Discrimination, as defined by ZVarD, means any unjustified actual or legal unequal treatment, differentiation, exclusion, or restriction, or omission of action, due to personal circumstances, that aims to or results in hindering, reducing, or nullifying equality. This includes both direct and indirect forms of discrimination.

Article 17.1 of the Workers' Statute Law declares null and void any regulatory provisions, clauses of collective agreements, individual agreements, and unilateral employer decisions that give rise to direct or indirect discriminatory situations in employment, remuneration, working hours, and other working conditions. This prohibition applies to discrimination based on sex, origin (racial or ethnic), marital status, social condition, religion or convictions, political ideas, sexual orientation, sexual identity, gender expression, sexual characteristics, affiliation or non-affiliation to a trade union, kinship with persons belonging to or related to the company, and language within the Spanish State.

In the context of Argentine labor law, particularly under Article 18 of Law 20.744 and Law 23.592, discrimination refers to any arbitrary distinction, exclusion, or preference made between workers that is based on prohibited grounds such as sex, race, nationality, religious beliefs, political opinions, union affiliation, or age. Such discrimination is unlawful if it nullifies or impairs equality of opportunity or treatment in employment or occupation, including in matters of remuneration. Not all differential treatment constitutes discrimination; only those distinctions that are arbitrary and lack objective justification are prohibited.

Under the Equal Remuneration Act, discrimination refers to any unfavorable treatment against women on the ground of sex, particularly in the matter of employment, including recruitment, training, promotion, transfer, and the payment of remuneration. The Act explicitly prohibits employers from making such distinctions, aiming to foster an equitable and fair working environment by ensuring equal opportunities and treatment for all workers.

Discrimination, as defined by the Act, encompasses both direct and indirect differential treatment. Direct discrimination occurs when a person is treated worse than another in a comparable situation due to a protected characteristic (e.g., gender, ethnicity, disability). Indirect discrimination arises when an apparently neutral provision, criterion, or practice disproportionately disadvantages individuals with a protected characteristic, unless objectively justified by a legitimate aim and proportionate means. This prohibition extends to actual, assumed, former, or future characteristics, and discrimination by association.

The Act defines 'Discrimination' as any direct or indirect differential treatment that is not lawful according to its provisions. Direct discrimination involves treating a person worse than others in a comparable situation due to a protected characteristic. Indirect discrimination occurs when a seemingly neutral provision or practice disproportionately disadvantages individuals with a protected characteristic, without objective justification.

As defined in the implementing rules, 'Discrimination' means any distinction, exclusion or preference made on the basis of sex which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. This encompasses a broad range of actions that disadvantage women in the workplace solely due to their sex, including direct and indirect forms of bias in hiring, promotion, and termination.

In the context of the TGFEP, discrimination refers to any unfair treatment or bias in employment decisions (e.g., recruitment, promotion, remuneration) based on attributes such as age, race, gender, religion, marital status, family responsibilities, or disability, which are not relevant to an individual's ability to perform the job. TAFEP investigates all forms of workplace discrimination.

The Act defines "discrimination" as an employer applying different conditions of employment or work to workers or taking any other disadvantageous measures against them without any reasonable reasons on account of sex, marriage, status in family, pregnancy, or child-birth, etc. It explicitly includes indirect discrimination, where equally applied conditions disproportionately disadvantage one gender without justifiable reason. Exceptions include specific gender requirements for duties, motherhood protection, or proactive employment improvement measures.

Under the Anti-Discrimination Amendment 2018 to Bahrain's Labour Law for the Private Sector (Law No. 36 of 2012), discrimination refers to any distinction, exclusion, or preference made on the basis of sex, ethnicity, language, religion, or belief that has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. This broad definition covers various aspects of the employment relationship, from hiring and terms of employment to working conditions and dismissal, and specifically includes wage discrimination based on gender.

Under Article 28(1) and Article 29(2) of the Bangladesh Constitution, 'discrimination' is prohibited on grounds only of religion, race, caste, sex, or place of birth. In the context of employment and pay equity, this refers to any act, policy, or practice that creates an adverse distinction, exclusion, or preference for an individual or group based on these protected characteristics, thereby nullifying or impairing their equality of opportunity or treatment in employment, including in terms of remuneration, promotion, and working conditions. The Constitution specifically highlights gender discrimination, mandating equal rights for women in all spheres of the State and public life.

While not explicitly defined as a single term in the Labour Act, the principle of non-discrimination is enshrined, particularly in Section 345, which prohibits discrimination between male and female workers in respect of wages for work of a similar nature. Discrimination generally refers to any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. The 2013 amendment reinforced the general framework against unfair labor practices, indirectly strengthening protections against various forms of discrimination.

As defined in Article 17(2) of the Ghana Constitution, 'discriminate' means to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description. This comprehensive definition underscores the broad scope of prohibited discrimination, extending beyond direct acts to include practices that may indirectly result in unequal treatment. The Constitution aims to eliminate all forms of prejudice and bias that could impede an individual's access to rights and opportunities, including in employment and remuneration. This prohibition is fundamental to ensuring equality before the law and forms the basis for challenging any policies or practices that perpetuate unfair distinctions in the workplace or broader society. The constitutional safeguard against discrimination is a cornerstone of Ghana's commitment to human rights and social justice, requiring continuous vigilance and proactive measures to ensure its full realization.

Defined in Ghana's Constitution and the Labour Act, 2003, to prohibit distinctions, exclusions, or preferences based on grounds such as gender, race, colour, ethnic origin, religion, creed, social or economic status, disability, or political affiliation. The Bill is expected to strengthen these protections, aligning with ILO Convention 111, and extend them to all aspects of employment, from hiring to termination, and clarify what constitutes an "unfair labour practice" in the context of discrimination.

In Hong Kong's anti-discrimination ordinances, discrimination refers to treating a person less favorably than another in comparable circumstances on grounds of a protected characteristic. This includes direct discrimination (less favorable treatment directly due to an attribute) and indirect discrimination (a condition disproportionately disadvantaging a protected group without justification).

In the context of this regulation, discrimination refers to the act by employers of making distinctions in determining wages between male and female workers for work of equal value, which is explicitly prohibited by Article 3.

In the context of the Jamaica Constitution, discrimination refers to the differential treatment of persons based on specific prohibited grounds, including being male or female, race, place of origin, social class, colour, religion, or political opinions, as explicitly addressed in Chapter III, Section 13(3)(i) of the Charter of Fundamental Rights and Freedoms. This encompasses any distinction, exclusion, or preference that has the effect of nullifying or impairing equality of opportunity or treatment in employment and occupation, including in remuneration.

Article 14 of the Kazakhstan Constitution explicitly prohibits discrimination against anyone for reasons of origin, social, property status, occupation, sex, race, nationality, language, attitude towards religion, convictions, place of residence, or any other circumstances. In the context of employment, this includes unequal treatment in hiring, promotion, working conditions, and especially remuneration.

Any distinction, exclusion, or restriction based on prohibited grounds (e.g., sex, race, age, disability) which has the purpose or effect of nullifying or impairing the recognition, enjoyment, or exercise by all persons, on an equal footing, of all human rights and fundamental freedoms. It can be direct (explicitly treating someone less favorably) or indirect (a neutral rule disproportionately disadvantaging a protected group).

As defined in the Constitution of Kenya, discrimination is any distinction, exclusion, or restriction based on grounds such as sex, race, disability, or religion, which has the purpose or effect of nullifying or impairing the recognition, enjoyment, or exercise of human rights and fundamental freedoms on an equal footing. It encompasses both direct and indirect forms of unequal treatment.

Under the Morocco Labor Code, 'Discrimination' is broadly prohibited, particularly concerning employment and occupation. Article 9 specifically addresses gender equality and prohibits discrimination based on sex or marital status in various aspects of employment, including remuneration, advancement, benefits, and termination. This prohibition extends to any act or practice that violates the principle of equal opportunity or equal treatment, ensuring that employment decisions are based on merit and qualifications rather than protected characteristics. It reflects the commitments made under ILO Convention No. 111.

Discrimination, within the context of Nigerian law, refers to any act of making distinctions, exclusions, or restrictions based on protected characteristics such as community, ethnic group, place of origin, sex, religion, or political opinion, which has the purpose or effect of nullifying or impairing the recognition, enjoyment, or exercise by all persons, on an equal footing, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil, or any other field. Section 42 of the 1999 Constitution explicitly prohibits subjecting any citizen to disabilities or restrictions, or according privileges or advantages, solely by reason of these protected attributes. In the employment sphere, this extends to hiring, promotion, compensation, and working conditions, aiming to ensure equitable treatment for all individuals.

Under the Discrimination Against Persons with Disabilities (Prohibition) Act, 2018, 'discrimination' broadly encompasses any act, omission, or practice that creates a distinction, exclusion, or restriction against a person on the grounds of their disability. This includes actions that nullify or impair the recognition, enjoyment, or exercise of human rights and fundamental freedoms across various spheres of life, such as political, economic, social, cultural, and civil. The Act aims to eliminate such discrimination in all its forms, ensuring that persons with disabilities can participate fully and effectively in society on an equal basis with others. This definition is crucial as it underpins all prohibitions and protective measures within the legislation, extending to employment, remuneration, and access to services.

Any distinction, exclusion, or preference made on the basis of protected characteristics (such as sex, race, religion, or origin) which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation, including in remuneration.

Discrimination is defined as any distinction, exclusion, or restriction made on the basis of protected characteristics (such as gender, religion, race, disability, etc.) which has the purpose or effect of nullifying or impairing the recognition, enjoyment, or exercise, on an equal footing, of human rights and fundamental freedoms in any field. This includes both direct and indirect forms of discrimination, as well as harassment and victimization.

According to Ley N° 28983, discrimination is defined as any distinction, exclusion, or restriction based on sex that has the object or result of impairing or nullifying the recognition, enjoyment, or exercise of rights, regardless of civil status, in any sphere. This definition aligns with the Peruvian Political Constitution and international human rights instruments, covering both direct and indirect forms of gender-based disadvantage.

In the context of employment and occupation, discrimination refers to any distinction, exclusion, or preference made on the basis of sex (among other grounds like race, color, religion, political opinion, national extraction, or social origin) which has the effect of nullifying or impairing equality of opportunity or treatment. This includes not only direct discrimination, where a person is treated less favorably because of their sex, but also indirect discrimination, where a seemingly neutral provision, criterion, or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, criterion, or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.

Article 5 of the Turkish Labor Law No. 4857 broadly prohibits discrimination in the employment relationship. This includes discrimination based on language, race, sex, political opinion, philosophical belief, religion, and similar reasons. The prohibition extends to all stages of the employment contract, including its conclusion, conditions, execution, and termination. The law also specifically addresses discrimination based on sex or maternity, and mandates equal treatment between full-time and part-time employees, as well as those with fixed-term and indefinite contracts, unless there are essential reasons for differential treatment.

Under the Law on the Human Rights and Equality Institution of Türkiye, discrimination encompasses direct discrimination, indirect discrimination, and multiple discrimination. Direct discrimination refers to any different treatment that prevents or makes difficult the equal exercise of legally recognized rights and freedoms by a natural or legal person, based on prohibited grounds, compared to comparable persons. Indirect discrimination involves seemingly non-discriminatory acts, procedures, or practices that place a natural or legal person at an objectively unjustifiable disadvantage in exercising legally recognized rights and freedoms, in connection with the prohibited grounds. Multiple discrimination occurs when discriminatory practice is related to more than one ground of discrimination.

Discrimination, as defined by the Law, refers to any distinction, exclusion, restriction, or preference based on grounds such as race, color, political, religious or other beliefs, sex, age, disability, ethnic or social origin, property status, place of residence, linguistic or other characteristics, which has the purpose or effect of nullifying or impairing the recognition, enjoyment, or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural, civil, or any other field of public life. This broad definition encompasses both intentional and unintentional acts that lead to unequal outcomes.

Discrimination, as prohibited under the UAE Labour Law, refers to any distinction, exclusion, or preference made on the grounds of race, color, sex, religion, national origin, social origin, or disability. Such acts are forbidden if they weaken equal opportunities or prejudice equality in obtaining, continuing, or enjoying the rights associated with employment. The law explicitly prohibits employers from practicing discrimination in jobs with the same job functions, reinforcing the commitment to a fair and equitable workplace.

As defined in Federal Decree-Law No. 34 of 2023, 'Discrimination' refers to any distinction, restriction, exclusion, or preference between individuals or groups on the basis of religion, creed, sect, race, colour, ethnic origin, gender, or sex, taking into account the laws in force in the State. This broad definition underpins the UAE's commitment to fostering an inclusive society and preventing prejudice across various facets of life, including employment. The Labour Law further elaborates on this by prohibiting discrimination in opportunities, job maintenance, and enjoyment of benefits within the workplace.

Within the Lebanon Labour Code, 'discrimination' is explicitly prohibited in Article 26, which states that an employer may not discriminate between working men and women concerning the type of work, amount of wage or salary, employment, promotion, professional qualification, and apparel. This provision aims to prevent direct gender-based disparities in various aspects of employment.

Under the Human Rights Act 1981, discrimination refers to treating a person or class of persons less favourably than others on specific prohibited grounds, including race, place of origin, colour, ethnic or national origins, sex, sexual orientation, marital status, disability, family status, religion or beliefs, political opinions, or criminal record (with limitations). This unfavourable treatment is prohibited across various areas such as employment, housing, and the provision of goods and services. The Act aims to eliminate such differential treatment that undermines the inherent dignity and equal rights of all individuals within the community.