Entry #381: LGBT discrimination in Poland

Current Version

Region	Poland
Issue	LGBT discrimination
Status	Illegal in some contexts
Start Date	(unknown)
End Date	(none)
Description	Articles 11-3 and 18-3a of the Labour Code (1997), as amended in 2003, prohibit direct or indirect discrimination on the basis of "sexual orientation" in employment. Article 94(2b) establishes the employer’s duty to act against such discrimination. Under Article 8(1), the prohibition on discrimination based on "sexual orientation" is contained in the Law on Equal Treatment (2010) applies to employment and access to labour market instruments and services. There is no legal protection in all other areas.
Sources	https://database.ilga.org/poland-lgbti http://www.non-discrimination.net/content/media/2010-PL-Summary%20country%20Report%20LN_final.pdf

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Revision History (23)

Oct 15, 2023

edited by Nathan. Status correction

Helpful?

	Old Value	New Value (Current)
Value	Illegal	Illegal in some contexts
Description	EU effectively bans discrimination in Poland.	Articles 11-3 and 18-3a of the Labour Code (1997), as amended in 2003, prohibit direct or indirect discrimination on the basis of "sexual orientation" in employment. Article 94(2b) establishes the employer’s duty to act against such discrimination. Under Article 8(1), the prohibition on discrimination based on "sexual orientation" is contained in the Law on Equal Treatment (2010) applies to employment and access to labour market instruments and services. There is no legal protection in all other areas.
Description	Show Difference EU effectively bans discrimination in Poland. Articles 11-3 and 18-3a of the Labour Code (1997), as amended in 2003, prohibit direct or indirect discrimination on the basis of "sexual orientation" in employment. Article 94(2b) establishes the employer’s duty to act against such discrimination. Under Article 8(1), the prohibition on discrimination based on "sexual orientation" is contained in the Law on Equal Treatment (2010) applies to employment and access to labour market instruments and services. There is no legal protection in all other areas.
Sources	http://www.non-discrimination.net/content/media/2010-PL-Summary%20country%20Report%20LN_final.pdf	https://database.ilga.org/poland-lgbti http://www.non-discrimination.net/content/media/2010-PL-Summary%20country%20Report%20LN_final.pdf
Sources	Show Difference http://www.non-discrimination.net/content/media/2010-PL-Summary%20country%20Report%20LN_final.pdf https://database.ilga.org/poland-lgbti http://www.non-discrimination.net/content/media/2010-PL-Summary%20country%20Report%20LN_final.pdf

Oct 8, 2023

edited by aesper. literal misinformation

Helpful?

	Old Value	New Value
Value	No protections	Illegal
Description	Little to No protections for LGBTQ+ in Poland, Ilga Europe named it the worst country in the EU to be LGBTQ+ for that very reason	EU effectively bans discrimination in Poland.
Description	Show Difference Little to No protections for LGBTQ+ in Poland, Ilga Europe named it the worst country in the EU to be LGBTQ+ for that very reason effectively bans discrimination in Poland.

Oct 8, 2023

edited by Canadianstudent03. Little to No protections for LGBTQ+ in Poland, Ilga Europe named it the worst country in the EU to be LGBTQ+ for that very reason

Helpful?

	Old Value	New Value
Value	Illegal	No protections
Start Date	Jan 1, 2003	(unknown)
Description	EU laws restrict any form of LGBT+ discrimination.	Little to No protections for LGBTQ+ in Poland, Ilga Europe named it the worst country in the EU to be LGBTQ+ for that very reason
Description	Show Difference EU laws restrict any form of LGBT+ discrimination. Little to No protections for LGBTQ+ in Poland, Ilga Europe named it the worst country in the EU to be LGBTQ+ for that very reason

Aug 24, 2023

edited by aesper. fixed

Helpful?

	Old Value	New Value
Value	No protections	Illegal
Description	Discrimination against LGBTQI+ individuals in Poland is very limited and almost nonexistent outside of Poland. This is why it performs poorly in LGBTQI+ rights indexes. Mods without sources have changed this entry to something innacurate	EU laws restrict any form of LGBT+ discrimination.
Description	Show Difference Discrimination against LGBTQI+ individuals in Poland is very limited and almost nonexistent outside of Poland. This is why it performs poorly in LGBTQI+ rights indexes. Mods without sources have changed this entry to something innacurate EU laws restrict any form of LGBT+ discrimination.

Reports (3)
Status is not correct "Poland does not care abput the eu regulations discrimination is wide and rampant"
Sep 16, 2023
Status is not correct "No actual law has been passed protecting people from discrimination based on sexuality and/or gender identity, it's not recognised in the Constitution (even though the EU law says it should be)"
Sep 15, 2023
Newer law has been passed "There is no law to protect lgbt people from any other form of discrimination than in employment. The fact that discrimination cases are not reported is because gay people are afraid to face more discrimination from authorities, not because they don't exist. Polish authorities don't follow EU regulations."
Aug 25, 2023

Aug 22, 2023

edited by Canadianstudent03. Discrimination against LGBTQI+ individuals in Poland is very limited and almost nonexistent outside of Poland. This is why it performs poorly in LGBTQI+ rights indexes. Mods without sources have changed this entry to something innacurate

Helpful?

	Old Value	New Value
Value	Illegal	No protections
Description	Discrimination banned	Discrimination against LGBTQI+ individuals in Poland is very limited and almost nonexistent outside of Poland. This is why it performs poorly in LGBTQI+ rights indexes. Mods without sources have changed this entry to something innacurate
Description	Show Difference Discrimination banned against LGBTQI+ individuals in Poland is very limited and almost nonexistent outside of Poland. This is why it performs poorly in LGBTQI+ rights indexes. Mods without sources have changed this entry to something innacurate

Aug 21, 2023

edited by Samuel_NOT_Samuele. added

Helpful?

	Old Value	New Value
Value	Illegal in some contexts	Illegal
Description	Discrimination protections for LGBTQI+ is incredibly limited in Poland, it’s considered to be one of the worst countries in Europe to be LGBTQI+ for that reason	Discrimination banned
Description	Show Difference Discrimination protections for LGBTQI+ is incredibly limited in Poland, it’s considered to be one of the worst countries in Europe to be LGBTQI+ for that reason banned

Aug 21, 2023

edited by Canadianstudent03. Discrimination protections for LGBTQI+ is incredibly limited in Poland, it’s considered to be one of the worst countries in Europe to be LGBTQI+ for that reason

Helpful?

	Old Value	New Value
Value	Illegal	Illegal in some contexts
Description	EU anti-discrimination laws.	Discrimination protections for LGBTQI+ is incredibly limited in Poland, it’s considered to be one of the worst countries in Europe to be LGBTQI+ for that reason
Description	Show Difference EU anti-discrimination laws. Discrimination protections for LGBTQI+ is incredibly limited in Poland, it’s considered to be one of the worst countries in Europe to be LGBTQI+ for that reason

Aug 18, 2023

edited by aesper. Edit.

Helpful?

	Old Value	New Value
Description	Discrimination of LGBT+ people is incredibly Limited, to the point it gained a 0% score on Ilga Europe for Discrimination Protections. Sweden gained a 75% score in comparison	EU anti-discrimination laws.
Description	Show Difference Discrimination of LGBT+ people is incredibly Limited, to the point it gained a 0% score on Ilga Europe for Discrimination Protections. Sweden gained a 75% score in comparison EU anti-discrimination laws.

Aug 18, 2023

edited by aesper. Edit.

Helpful?

	Old Value	New Value
Value	Illegal in some contexts	Illegal

Aug 18, 2023

edited by Canadianstudent03. Discrimination of LGBT+ people is incredibly Limited, to the point it gained a 0% score on Ilga Europe for Discrimination Protections. Sweden gained a 75% score in comparison

Helpful?

	Old Value	New Value
Value	Illegal	Illegal in some contexts
Description	Discrimination of LGBT+ people is illegal	Discrimination of LGBT+ people is incredibly Limited, to the point it gained a 0% score on Ilga Europe for Discrimination Protections. Sweden gained a 75% score in comparison
Description	Show Difference Discrimination of LGBT+ people is illegal incredibly Limited, to the point it gained a 0% score on Ilga Europe for Discrimination Protections. Sweden gained a 75% score in comparison

Aug 16, 2023

edited by JuliaB. Discrimination of LGBT+ people is illegal

Helpful?

	Old Value	New Value
Value	Illegal in some contexts	Illegal
Description	Outside of Employment, Poland has little regarding protections of LGBTQI+ people. The poor situation is the reason why According to Ilga Europe, it’s the worst country in the EU to be LGBTQI+	Discrimination of LGBT+ people is illegal
Description	Show Difference Outside of Employment, Poland has little regarding protections of LGBTQI+ people. The poor situation is the reason why According to Ilga Europe, it’s the worst country in the EU to be LGBTQI+ Discrimination of LGBT+ people is illegal

Aug 16, 2023

edited by Canadianstudent03. Incorrect status

Helpful?

	Old Value	New Value
Value	Illegal	Illegal in some contexts
Description	The Labour Code has contained anti-discrimination protections in employment since 2003. No other protections.	Outside of Employment, Poland has little regarding protections of LGBTQI+ people. The poor situation is the reason why According to Ilga Europe, it’s the worst country in the EU to be LGBTQI+
Description	Show Difference The Labour Code has contained anti-discrimination protections in employment since 2003. No other protections. Outside of Employment, Poland has little regarding protections of LGBTQI+ people. The poor situation is the reason why According to Ilga Europe, it’s the worst country in the EU to be LGBTQI+
Sources	http://www.non-discrimination.net/content/media/2010-PL-Summary%20country%20Report%20LN_final.pdf	http://www.non-discrimination.net/content/media/2010-PL-Summary%20country%20Report%20LN_final.pdf
Sources	Show Difference http://www.non-discrimination.net/content/media/2010-PL-Summary%20country%20Report%20LN_final.pdf http://www.non-discrimination.net/content/media/2010-PL-Summary%20country%20Report%20LN_final.pdf

Aug 10, 2023

edited by JuliaB. LGBT+ discrimination is illegal in Poland

Helpful?

	Old Value	New Value
Value	Illegal in some contexts	Illegal

Aug 10, 2023

edited by Samuel_NOT_Samuele. added

Helpful?

	Old Value	New Value
Value	Illegal	Illegal in some contexts
Description	"The Labour Code has contained anti-discrimination protections in employment since 2003. This prohibition is also reflected in the new Equal Treatment Law of 2010, which entered into force on 1 January 2011. The Equal Treatment Law bans discrimination in employment based on sex (in Poland, after change of legal gender, transgender persons are subject to the provisions on discrimination based on sex) and sexual orientation.	The Labour Code has contained anti-discrimination protections in employment since 2003. No other protections.
Description	Show Difference "The Labour Code has contained anti-discrimination protections in employment since 2003. This prohibition is also reflected in the new Equal Treatment Law of 2010, which entered into force on 1 January 2011. The Equal Treatment Law bans discrimination in employment based on sex (in Poland, after change of legal gender, transgender persons are subject to the provisions on discrimination based on sex) and sexual orientation. Labour Code has contained anti-discrimination protections in employment since 2003. No other protections.

Aug 10, 2023

edited by aesper. status

Helpful?

	Old Value	New Value
Value	Illegal in some contexts	Illegal

Aug 10, 2023

edited by Samuel_NOT_Samuele. added

Helpful?

	Old Value	New Value
Value	Illegal	Illegal in some contexts

Aug 9, 2023

edited by JuliaB. discrimination based on gender identity is illegal

Helpful?

	Old Value	New Value
Value	Illegal in some contexts	Illegal

Reports (1)
Status is not correct 
Aug 10, 2023

Aug 9, 2023

edited by Samuel_NOT_Samuele. added

Helpful?

	Old Value	New Value
Value	Illegal	Illegal in some contexts

Aug 5, 2023

edited by JuliaB. wrong range

Helpful?

	Old Value	New Value
Value	Illegal in some contexts	Illegal
Description	"The Labour Code has contained anti-discrimination protections in employment since 2003. This prohibition is also reflected in the new Equal Treatment Law of 2010, which entered into force on 1 January 2011. The Equal Treatment Law bans sexual orientation discrimination in employment only.	"The Labour Code has contained anti-discrimination protections in employment since 2003. This prohibition is also reflected in the new Equal Treatment Law of 2010, which entered into force on 1 January 2011. The Equal Treatment Law bans discrimination in employment based on sex (in Poland, after change of legal gender, transgender persons are subject to the provisions on discrimination based on sex) and sexual orientation.
Description	Show Difference "The Labour Code has contained anti-discrimination protections in employment since 2003. This prohibition is also reflected in the new Equal Treatment Law of 2010, which entered into force on 1 January 2011. The Equal Treatment Law bans sexual orientation discrimination in employment only. based on sex (in Poland, after change of legal gender, transgender persons are subject to the provisions on discrimination based on sex) and sexual orientation.

Nov 29, 2021

edited by chae

Helpful?

	Old Value	New Value
Value	(REMOVED)	Illegal in some contexts
Description	"The Labour Code has contained anti-discrimination protections in employment since 2003. This prohibition is also reflected in the new Equal Treatment Law of 2010, which entered into force on 1 January 2011. The Equal Treatment Law bans sexual orientation discrimination in employment only. However it is ambiguous if these laws are enforced in the "LGBT-Free Zones".	"The Labour Code has contained anti-discrimination protections in employment since 2003. This prohibition is also reflected in the new Equal Treatment Law of 2010, which entered into force on 1 January 2011. The Equal Treatment Law bans sexual orientation discrimination in employment only.
Description	Show Difference "The Labour Code has contained anti-discrimination protections in employment since 2003. This prohibition is also reflected in the new Equal Treatment Law of 2010, which entered into force on 1 January 2011. The Equal Treatment Law bans sexual orientation discrimination in employment only. However it is ambiguous if these laws are enforced in the "LGBT-Free Zones".

Reports (1)
Sources are invalid or broken "404 Page not found"
Feb 21, 2022

Nov 16, 2021

edited by DuffdeNecker

Helpful?

	Old Value	New Value
Value	Illegal in some contexts	(REMOVED)
Description	"The Labour Code has contained anti-discrimination protections in employment since 2003. This prohibition is also reflected in the new Equal Treatment Law of 2010, which entered into force on 1 January 2011. The Equal Treatment Law bans sexual orientation discrimination in employment only.	"The Labour Code has contained anti-discrimination protections in employment since 2003. This prohibition is also reflected in the new Equal Treatment Law of 2010, which entered into force on 1 January 2011. The Equal Treatment Law bans sexual orientation discrimination in employment only. However it is ambiguous if these laws are enforced in the "LGBT-Free Zones".
Description	Show Difference \"The Labour Code has contained anti-discrimination protections in employment since 2003. This prohibition is also reflected in the new Equal Treatment Law of 2010, which entered into force on 1 January 2011. The Equal Treatment Law bans sexual orientation discrimination in employment only. "The Labour Code has contained anti-discrimination protections in employment since 2003. This prohibition is also reflected in the new Equal Treatment Law of 2010, which entered into force on 1 January 2011. The Equal Treatment Law bans sexual orientation discrimination in employment only. However it is ambiguous if these laws are enforced in the "LGBT-Free Zones".

Mar 27, 2014

edited by vviet93

Helpful?

	Old Value (Original)	New Value
Value	No protections	Illegal in some contexts
Start Date	(unknown)	Jan 1, 2003
Description		"The Labour Code has contained anti-discrimination protections in employment since 2003. This prohibition is also reflected in the new Equal Treatment Law of 2010, which entered into force on 1 January 2011. The Equal Treatment Law bans sexual orientation discrimination in employment only.
Sources		http://www.non-discrimination.net/content/media/2010-PL-Summary%20country%20Report%20LN_final.pdf

Reports (4)
Status is not correct 
Jun 15, 2021
Status is not correct "Now even politics in Poland discriminate them"
Nov 3, 2020
Status is not correct 
Oct 6, 2020
Status is not correct 
Jan 30, 2020

Sep 22, 2013

created by PeterGalazka

Helpful?

	Original entry
Status	No protections
Start Date	(unknown)
End Date	(none)
Description	(empty)
Sources	(empty)

Reports (2)
Status is not correct "I reported this previously as incorrect - Poland has laws making sexual orientation employment discrimination unlawful. This means that, at least in employment, LGBT discrimination is not legal. See the currently entry in the "LGBT employment discrimination" section."
Mar 17, 2014
Date is incorrect "The Labour Code has contained anti-discrimination protections in employment since 2003.

This prohibition is also reflected in the new Equal Treatment Law of 2010, which entered into force on 1 January 2011. The Equal Treatment Law bans sexual orientation discrimination in employment only. See http://www.non-discrimination.net/content/media/2010-PL-Summary%20country%20Report%20LN_final.pdf"
Mar 5, 2014