How to Recognise Discrimination in the Workplace

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Discrimination involves treating someone unfairly because of a particular characteristic or because they belong to a certain group. In the workplace, it is a serious issue that can affect not only the individuals targeted, but also the overall atmosphere, team morale, and workplace productivity.

Workplace discrimination can take many forms — from unequal pay and limited access to training, to harassment or being excluded from social interactions with colleagues. It can be open and obvious, or subtle and indirect, such as in recruitment processes, performance reviews, or decisions about promotions.

In Slovakia, the Anti-Discrimination Act prohibits treating people differently in the same situation, or treating everyone the same in situations where individual differences should be taken into account — if doing so leads to discrimination.

Direct Discrimination

Direct discrimination occurs when a person is treated less favourably than someone else in a comparable situation, because of a specific characteristic — known as a protected ground.

Protected grounds under Slovak law include, for example:
gender, age, race, ethnic origin, language, religion or belief, disability, sexual orientation, political opinion, or social background.

Examples of direct discrimination include: A woman being paid less than a man for doing the same job. A job applicant with a disability being rejected, despite having stronger qualifications and experience than other candidates. Hearing-impaired individuals being denied employment on the basis that telephone communication is required — even when it is not essential to the role.

A Simple Question

To recognise discrimination, ask yourself a straightforward question:
“Would this person be treated the same way if they were of a different gender, age, ethnicity, or without a disability?”
If the answer is “no”, then it is likely to be discrimination.

However, not all unfair treatment qualifies as discrimination. Differences in pay or treatment are allowed when they can be objectively justified — for example, by varying levels of experience, qualifications, or job performance.
But if the reason for the difference is linked to a protected characteristic, it is considered unlawful discrimination.

Legal Framework

Protection against discrimination is guaranteed by several legal instruments — including the Constitution of the Slovak Republic, the Anti-Discrimination Act, the Labour Code, and relevant European Union legislation.

The principle of equal treatment applies throughout the entire employment relationship: from recruitment and working conditions, to promotion, pay, and even dismissal.

What to Do if You Experience Discrimination

Recognising discrimination in the workplace is the first step towards addressing it. If you feel you are being treated unfairly, it’s important to remember that you have the right to speak up.

If you suspect discrimination, you can reach out to your HR department, trade union representative, the Labour Inspectorate, the Slovak National Centre for Human Rights, or non-governmental organisations that offer legal advice and support on equal treatment.

Creating a fair and safe working environment is a shared responsibility — for both employers and employees.
Speaking openly about discrimination is an essential step towards building a more inclusive and respectful workplace culture.

This article was produced as part of the Pathways initiative supported by UNICEF. For more information about the project, please visit UNICEF’s digital onestop-shop: https://akodobrezesi.sk/ua/pathways

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