Discrimination in Employment Relationships Protected Grounds

The concept of discrimination in employment relationships is based on the application of unequal treatment among employees of the same employer in situations where they are in comparable circumstances, or on the application of identical treatment to individuals who are in different situations. The regulation of discriminatory conduct is founded on the recognition of certain protected criteria. These criteria were first established in European secondary law through a series of EU directives, which were subsequently transposed into the national legislation of the Member States. Non-discrimination rules aim not only to limit unjustified differences in treatment, but also to protect specific characteristics such as race, nationality, religious belief, and other comparable grounds. In such cases, the employee may invoke a presumption of discrimination. Even conduct that appears neutral may constitute discrimination if it produces the effect of restricting or preventing the exercise of legally recognized rights. In this context, the prohibition of discrimination is grounded in the protection of fundamental rights and entails banning any distinctions, exclusions, restrictions, or preferences applied by employers to employees who are in comparable situations. This article examines the concept of discrimination in employment relationships, the protected criteria, as well as the classification and development of European and national regulations concerning discrimination.