Dyskryminacja bezpośrednia i pośrednia jako problem prawny i społeczny

Abstrakt

The goal of the article is to present legal regulations regarding direct and indirect discrimination, and discuss discrimination as a social problem. Direct discrimination occurs in the individual relation between an employee and his or her employer, or between a job-seeker and a potential employer. Such discrimination exists when an employer disadvantages an employee by presenting a biased attitude to his or her situation which is mentioned in Article 18^3a of the Labour Code. Under Art. 18 [3a] § 4, indirect discrimination occurs when as a result of an apparently neutral decision, criterion or action, unfavourable disproportion or a particularly adverse situation occurs or may have occurred regarding establishment or termination of one's employment, conditions of employment, promotion, and access to training to raise one's qualifications, affecting all or a majority of employees who belong to a particular group.

Apart from numerous negative consequences of legal nature, discrimination contributes to a degradation of both physical and mental condition. It is a factor that contributes to depression, increased divorce rate and other forms of pathology.