LGBT Rights in Poland - Discrimination Protections

Discrimination Protections

Anti-discrimination laws were added to the Labour Code in 2003. The Polish Constitution guarantees equality in accordance with law and prohibits discrimination based on "any reason", which also arguably covers sexual orientation, although this has not been tested in the courts. The proposal to include a prohibition of discrimination on the grounds of sexual orientation in the constitution in 1995 was rejected, after strong Catholic Church objections.

In 2007, an anti-discrimination law was under preparation by the Ministry of Labour that would prohibit discrimination on different grounds, including sexual orientation, not only in work and employment, but also in social security and social protection, health care, and education, although the provision of and access to goods and services would only be subject to a prohibition of discrimination on grounds of race or ethnic origin. However, the law was not passed in that form.

On 1 January 2011, a new law on equal treatment has entered into force. However, unlike the previous proposal, it only prohibits sexual orientation discrimination in employment.