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Act CXXV of 2003 on

Equal Treatment and Promotion of Equal Opportunities

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Negative discrimination

Article 8

All dispositions as a result of which a person or a group is treated or would be treated less favourably than another person or group in a comparable situation because of his/her

a) sex,

b) racial origin,

c) colour,

d) nationality,

e) origin of national or ethnic minority,

f) mother tongue,

g) disability,

h) state of health,

i) religious or ideological conviction,

j) political or other opinion,

k) family status,

l) motherhood (pregnancy) or fatherhood,

m) sexual orientation,

n) sexual identity,

o) age,

p) social origin,

q) financial status,

r) part-time nature or definite term of the employment relationship or other relationship aimed at work,

s) membership in an organisation representingemployees’ interests,

t) any other status, characteristic feature or attribute (hereinafter collectively: characteristics)

are considered direct discrimination.

Article 9

Those dispositions are considered indirect negative discrimination, which are not considered direct negative discrimination and apparently comply with the principle of equal treatment but put any persons or groups having characteristics defined in Article 8 at a considerably larger disadvantage than other persons or groups in a similar situation were or would be. 

Harassment, unlawful segregation, retribution

Article 10

(1) Harassment is a conduct of sexual or other nature violating human dignity related to the relevant person’s characteristics defined in Article 8 with the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive environment around the particular person.

(2) Unlawful segregation is a conduct that separates individuals or groups of individuals from other individuals or groups of individuals in a similar situation on the basis of their characteristics as defined in Article 8, without any law expressly allowing it.

(3) Retribution is a conduct that causes infringement, is aimed at infringement, or threatens with infringement, against the person making a complaint or initiating procedures because of a violation of the principle of equal treatment, or against a person assisting in such a procedure, in relation to these acts. 

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