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The Polish anti-discrimination law has evolved under the strong influence of the European Union law. In recent years, the Court of Justice of the European Union has ruled on questions referred for preliminary ruling by Polish courts in disputes concerning discrimination occurring in the workplace. The Court’s decisions in Polish cases concerned discrimination on grounds of disability (Case C-16/19, VL), sexual orientation (Case C-356/21, J.K.), or fixed-term employment (Case C-38/13, Nierodzik; Case C-715/20 K.L.). In the above-mentioned cases, the Court analysed in particular the scope of protection against unequal treatment of workers in the light of the EU anti-discrimination directives. Another important decision of the Court is the judgment in the EU infringement procedure against Poland (Case C-192/18, European Commission v. Republic of Poland), in which the Court has provided a broad interpretation of the concept of ‘pay’ in the context of Article 157 TFEU. The author of the publication argues that the CJEU jurisprudence in the cited cases is important not only for the effective counteracting and combating discrimination at the workplace in Poland, but also in other EU Member States.

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The Principle of Non-Discrimination in the Workplace: Judgments of the Court of Justice in Polish Cases

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  • 发表日期：

    2025年

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  • Dagmara Skupień

摘要

The Polish anti-discrimination law has evolved under the strong influence of the European Union law. In recent years, the Court of Justice of the European Union has ruled on questions referred for preliminary ruling by Polish courts in disputes concerning discrimination occurring in the workplace. The Court’s decisions in Polish cases concerned discrimination on grounds of disability (Case C-16/19, VL), sexual orientation (Case C-356/21, J.K.), or fixed-term employment (Case C-38/13, Nierodzik; Case C-715/20 K.L.). In the above-mentioned cases, the Court analysed in particular the scope of protection against unequal treatment of workers in the light of the EU anti-discrimination directives. Another important decision of the Court is the judgment in the EU infringement procedure against Poland (Case C-192/18, European Commission v. Republic of Poland), in which the Court has provided a broad interpretation of the concept of ‘pay’ in the context of Article 157 TFEU. The author of the publication argues that the CJEU jurisprudence in the cited cases is important not only for the effective counteracting and combating discrimination at the workplace in Poland, but also in other EU Member States.