Counteracting Discrimination in Employment: Effective Strategies, Legal Framework, and Best Practices for Employers

Today's labor market presents increasing challenges for employers in creating a workplace free of bias and inequality. Counteracting discrimination in employment is not only a legal obligation but also a foundation of modern organizational culture that fosters growth, motivation, and employee loyalty. This article presents current regulations, practical strategies, and tools that support equal treatment in employment.

What is Employment Discrimination?

Employment discrimination refers to the unequal treatment of employees or job candidates based on certain characteristics, such as gender, age, ethnicity, disability, religion, sexual orientation, or political beliefs. It can occur during recruitment, while performing work duties, or in the process of termination. Addressing discrimination requires employers to implement clear procedures and policies that eliminate the risk of unequal treatment at every stage of employment.

Consequences of Workplace Discrimination

Violating the principle of equal treatment in employment leads to numerous negative consequences—for both employees and employers. Discriminated employees often lose motivation, become less engaged, and show reduced productivity. Furthermore, violating an employee's dignity can lead to legal claims and significant compensation payouts. Employers are required not only to prevent discrimination but also to actively promote a culture of equality and respect.

Legal Provisions Addressing Discrimination

In Poland, the issue of combating discrimination in employment is primarily governed by the Labor Code (Articles 11³, 18³a, and following), which introduces a ban on discrimination and requires employers to treat all employees equally. The proposed 2025 amendments to the Labor Code focus mainly on redefining mobbing, although in practice they may also influence anti-discrimination policies through the unification of preventive systems and an increase in procedural requirements.

It is worth noting that under Article 18³b of the Labor Code, the employee must demonstrate the probability of unequal treatment, and the employer must prove that no violation occurred.

The growing importance of training and education in the area of anti-discrimination and mobbing is also being recognized, although mandatory regulations in this field have not yet been enacted.

Whistleblower Protection Act and Corporate Practice

The Whistleblower Protection Act, which came into force on September 25, 2024, allows for anonymous reporting of legal violations in specified areas such as public procurement or consumer protection. According to its provisions, labor law issues, including mobbing or discrimination, were formally excluded from the catalog of covered violations.

However, an increasing number of organizations are adopting a hybrid model, expanding their internal reporting channels to include HR-related violations. This is a recommended approach that strengthens a culture of trust and systemic responsiveness.

Strategies and Best Practices for Preventing Discrimination

Combating discrimination in employment requires a comprehensive approach that includes both preventive actions and effective responses to reported incidents. Key elements include:

Equal treatment policy – clear rules, a ban on discrimination, defined procedures;
Training and education – regular training sessions for all employees and managers;
Safe reporting channels – including anonymous systems for reporting violations, such as whistleblower boxes;
Monitoring and analysis – regular evaluation of workplace conditions, trend analysis, and review of reports;
Promotion of diversity and inclusion – integration programs, mentoring, DEI policies.

Tools Supporting Equal Treatment

Modern HR tools, such as whistleblowing systems, employee sentiment monitoring apps, and feedback platforms, are increasingly used. Employers leverage them not only for reactive purposes but also to build a proactive organizational culture.

Solutions such as the Nais whistleblowing system integrate secure reporting, GDPR compliance, and transparent case management, contributing to real increases in organizational trust.

2025 Labor Code Amendment and Anti-Mobbing Measures

The most significant changes in the proposed amendment to the Labor Code concern the definition of mobbing, including:

simplified definitions and legal clarification of persistent behavior;
introduction of the "reasonable victim" standard;
recognition of unintentional or non-verbal actions as potential mobbing;
clarification that a mobber can be a superior, co-worker, or even an external person.

These changes indirectly affect companies' anti-mobbing and anti-discrimination systems, encouraging their strengthening and the systemic management of reports.

Summary

Preventing discrimination in employment requires engagement at all levels of the organization. Success depends on a combination of up-to-date legal knowledge, practical tools, and fostering a culture based on respect and equality. By implementing effective strategies and leveraging modern HR solutions, employers can not only comply with legal requirements but also create workplaces where everyone feels safe and has equal opportunities for development.

‍