Legal Eye: Equal Rights
First, my husband has lifted his ideological boycott and decided to give me flowers. Second, I came across an article in which feminists were declared the enemy of any woman who cares about home and family. I further learned that discrimination was really only a perceived problem, and that lawmakers should stop bending over backwards to solve a non-issue.
Just last year in Poland, a radio station ran ads that were sexually explicit and degrading to women. Not too long ago, it wasn't uncommon in 'want ads' to see requirements that female candidates be young and easy on the eye. Basic equal-rights principles have been codified into Polish law, but it would be far-fetched to claim that any extraordinary protection exists.
The Polish Constitution guarantees equal rights. The Labor Code contains the majority of other legislation on non-discrimination in the workplace. It covers the equality of men and women holding the same position, equal pay for similar work, and a prohibition on discrimination in employment. The Labor Code also prohibits mobbing and sexual molestation.
In general, these are fairly tame requirements, and the defenses to a claim of discrimination are ample. They include not hiring because of lack of required qualifications, objective reasons for firing that are unrelated to the employee, applying safety measures with respect to women of a child-bearing age, using length of service as a criterion, and other affirmative action policies.
Polish legislators have made it easier for a woman to bring a claim for discrimination in that she only needs to prove that she was treated less advantageously because of her sex. At this point, the burden of proof is on the employer to show that objective criteria dominated the decision. The punishments for an employer that engages in discrimination are, by and large, modest. A woman could claim for monetary damages; however, criminal culpability only comes into play if the employer severely breached her rights or if the employer forced her to provide sexual favors.
I was reared on tales of my mother's struggles for respect in the workplace. One incident stands out. By today's standards it seems laughable but it nearly cost my mother a job when, in the early 1970s, my mother, who did not drink coffee, refused to make coffee for her male colleagues. We've come a long way, baby.
Today, statistics prove a glaring disparity between salaries for women and men. The law can prevent overt abuses, but we can only hope that societal attitudes will follow.
Judith Gliniecki is an attorney with Rymar and Partners
Just last year in Poland, a radio station ran ads that were sexually explicit and degrading to women. Not too long ago, it wasn't uncommon in 'want ads' to see requirements that female candidates be young and easy on the eye. Basic equal-rights principles have been codified into Polish law, but it would be far-fetched to claim that any extraordinary protection exists.
The Polish Constitution guarantees equal rights. The Labor Code contains the majority of other legislation on non-discrimination in the workplace. It covers the equality of men and women holding the same position, equal pay for similar work, and a prohibition on discrimination in employment. The Labor Code also prohibits mobbing and sexual molestation.
In general, these are fairly tame requirements, and the defenses to a claim of discrimination are ample. They include not hiring because of lack of required qualifications, objective reasons for firing that are unrelated to the employee, applying safety measures with respect to women of a child-bearing age, using length of service as a criterion, and other affirmative action policies.
Polish legislators have made it easier for a woman to bring a claim for discrimination in that she only needs to prove that she was treated less advantageously because of her sex. At this point, the burden of proof is on the employer to show that objective criteria dominated the decision. The punishments for an employer that engages in discrimination are, by and large, modest. A woman could claim for monetary damages; however, criminal culpability only comes into play if the employer severely breached her rights or if the employer forced her to provide sexual favors.
I was reared on tales of my mother's struggles for respect in the workplace. One incident stands out. By today's standards it seems laughable but it nearly cost my mother a job when, in the early 1970s, my mother, who did not drink coffee, refused to make coffee for her male colleagues. We've come a long way, baby.
Today, statistics prove a glaring disparity between salaries for women and men. The law can prevent overt abuses, but we can only hope that societal attitudes will follow.
Judith Gliniecki is an attorney with Rymar and Partners
