Community Prohibition of Discrimination in Employment and Occupation on Grounds of Religion or Belief

The principle of equal treatment of individuals, whatever their belief, is today one of the foundations of democratic societies, and is closely related to freedoms of thought, conscience and religion commonly guaranteed by them. The Community law does not neglect that principle either. The Treaty establishing the European Community authorized the Council of the European Union to take its own actions aimed at combatting discrimination on grounds of religion or belief and such grounds as sex, race, ethnic origin, disability, age or sexual orientation. On this basis, a Council Directive (2000/78/EC) establishing a general framework for equal treatment in employment and occupation was adopted on 27 November 2000. The Directive sets forth a general prohibition of any form of discrimination, both direct and indirect. Harassment, and the so-called instruction to discriminate, are deemed to be a form of discrimination. It is also allowed, on exceptional basis, that in certain circumstances member states may establish, in their national legislation, different treatment of employees, related to - inter alia - religion or belief but only where it constitutes a genuine and determining occupational requirement. Special regulations concern an employment carried out within the scope of activity of churches and religious associations or communities. Provisions permitting a difference treatment on grounds of religion or belief in respect of such employment may be maintained in force in national legislation of member states, if they were in force at the date of adoption of the Directive or provide for future legislation incorporating national practices existing at the date of adoption of the Directive. Moreover, admissibility of that solution is limited to the situations where, acceptance of the criterion of religion or belief in justified by the kind of occupational activity or circumstances of carrying out the employment. The Directive of 27 October 2000 is one of factors which necessitated amendment of the Polish Labour Code on 14 November 2003. Amending the provisions of labour law, the Polish legislator not only adjusted Poland's domestic law the the Community law, but also utilized the possibility offerred by the EU legislator, permitting a difference treatment in employment based on religion or belief in the situation where they constitute an occupational requirement or when the employment is realized within the scope of activity of curches and other organizations of ethos.