Discrimination

Discrimination is unequal treatment of a person without any objective and reasonable basis. It is based solely on the person’s membership of a particular group. Discrimination is most often based on gender, race or ethnic origin, disability, age, sexual orientation or religion. As a result of discrimination, a person is excluded or isolated and is denied their rights. Discrimination is therefore prohibited. This prohibition applies to any and all relations between the State and an individual, and it also applies to certain areas of private law, for example employment relations.

Unequal treatment is not treated as discrimination if the difference is based on an objective requirement, provided that the purpose of such a requirement is legitimate and the tools selected to ensure compliance are adequate. Social protection measures, such as special rights related to pregnancy and maternity, do not amount to discrimination. Positive discrimination in the form of various positive measures aimed at protection of the rights of a vulnerable group of individuals also should not be treated as discrimination.

Example: An employer was ready to enter into a contract, but having learned that the potential employee is pregnant, they withdrew the offer.