Monitor Prawa Pracy

no. 6/2017

External appearance of an employee as a non-defined criterion of discrimination

Helena Szewczyk
Wydział Prawa i Administracji, Uniwersytet Śląski w Katowicach.
Abstract

Many employees, mostly through no fault of their own, have various defects and deficiencies in their external appearance, which usually do not affect their conscientious and reliable performance of professional duties. In Poland, such people are often treated unequally and discriminated against. In the law as it stands, the criterion of „external appearance” is not an expressively named criterion in the Polish Labor Code. However, this criterion, as a socially relevant value, fully deserves to be a „named criterion of discrimination”. It has also been recognized in the international law and the judicature of the CJEU.