Labor Law prohibits direct and indirect discrimination against persons seeking employment, as well as employees, according to sex, birth, language, race, color, age, pregnancy, medical condition or disability, national origin, religion, marital status, family responsibilities, sexual orientation, religion, political or other opinion, social origin, property, membership in political organizations, trade unions or other personal attributes.
Direct discrimination is defined as any action on any of the above named grounds on which a person seeking employment, as well as employees, placed at a disadvantage compared to other persons in the same or a similar situation. Indirect discrimination, in terms of this law, when there is an apparently neutral provision, criterion or practice puts or would put her at a disadvantage compared to other persons – a person seeking employment, as an employee, because of certain characteristics, status, affiliation or belief. Discrimination is prohibited with respect to:
1. Conditions for recruitment and selection of candidates for a particular job
2. Working conditions and all rights arising from employment
3. Education, training and development
4. Career advancement
5. Termination of employment
Sexual harassment or any kind of harassment is prohibited. Harassment, in terms of labor laws, is any unwanted behavior caused by any of the above named basis which has the purpose or effect of violating the dignity of a person seeking employment, as an employee, and that causes fear or creates a hostile, humiliating or offensive environment.
Sexual harassment, in terms of labor laws, is any verbal, non-verbal or physical conduct that has the purpose or effect of violating the dignity of a person seeking employment, as well as employed in the sphere of sexual life, which causes fear or creates an intimidating, hostile, humiliating or offensive environment.
Not considered a distinction, exclusion or preference in respect of a particular job when the nature of the work itself or the work performed under such conditions that the characteristics associated with some of the basis of the above mentioned represent real and decisive condition for doing business, and that the goal to be achieved is justified.
Provision of law, general document and labor contract relating to special protection and assistance to certain categories of employees, especially those on the protection of disabled persons, women during maternity and parental leave from work for child care, special care of the child, as well as provisions relating to the special rights of parents, adoptive parents, guardians and foster parents – are not considered to be discrimination.
In cases of discrimination in the above listed formats person seeking employment, as well as employees, may initiate proceedings before the competent court for damages.