Discrimination (Direct/Indirect)

As defined by the Anti-Discrimination Act (Act No. 198/2009 Coll.) and reinforced by the Labor Code (Act No. 262/2006 Coll.), direct discrimination is an act or omission where one person is treated less favorably than another in a comparable situation on grounds of race, ethnic origin, nationality, sex, sexual orientation, age, disability, religion, belief, or opinions. Indirect discrimination refers to an act or omission where a person is put at a disadvantage compared to other persons on any of these grounds based on an apparently neutral provision, criterion, or practice. Both forms are prohibited in employment relationships and other areas, with the Civil Code's principles of dignity and freedom (Section 3(1)) providing a foundational prohibition against such unfair treatment, ensuring that all legal acts respect individual rights.

The Labour Code, particularly Article 5, explicitly prohibits both direct and indirect discrimination against an employee. Direct discrimination is defined as actions or facts of exclusion, differentiation, restriction, or preference based on one or more protected criteria (such as sex, sexual orientation, age, race, religion, disability, etc.), the purpose or effect of which is to deny, restrict, or reject the recognition, use, or exercise of rights. Indirect discrimination, as per Article 5(4), refers to actions and facts that, while seemingly based on neutral criteria, produce the same discriminatory effects as direct discrimination. This comprehensive prohibition aims to ensure that all individuals have equal opportunities and treatment in all aspects of employment, including remuneration, without prejudice based on personal attributes.