Act No. 198 / 2009 Coll.
The Act on Equal Treatment and Legal Means of Protection against Discrimination and the Amendment of Certain Laws (Anti-Discrimination Act)
Valid
Law
Effective from 01.09.2009
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198
THE LAW
of 23 April 2008
on equal treatment and legal means of protection against discrimination and amending certain laws (anti-discrimination law)
Parliament has decided on this law of the Czech Republic:
ANTIDISCRIMINATION LAW
GENERAL PROVISIONS
Subject matter
(1) This law implements the relevant provisions of the European Union1) and, following the directly applicable regulation of the European Union3) and the Charter of Fundamental Rights and Freedoms and the international treaties which form part of the rule of law, further define the right to equal treatment and the prohibition of discrimination in matters
(a) employment rights and access to employment, including assistance provided by the Czech Labour Office;
(b) access to occupation, entrepreneurship and other self-employment, including integration into professional life;
(c) employment, employment and other dependent activities, including remuneration;
(d) membership and activities in trade unions, workers' councils or employers' organisations, including the benefits they confer on their members;
(e) membership and activities in the professional chambers, including the benefits that those public corporations provide to their members;
(f) social security;
(g) granting and granting social benefits;
(h) access to and provision of healthcare;
(i) access to and provision of education, including training;
(j) access to goods and services, including housing, when offered to the public or when they are provided.
(2) This law does not apply to legal relations relating to the treatment of the conditions of entry and residence of third-country nationals or stateless persons in the Czech Republic. This is without prejudice to the arrangements laid down by the directly applicable European Union Regulation in the field of freedom of movement for workers (3).
(3) A natural person has the right to equal treatment and not to discriminate in the legal relationships covered by this law or the directly applicable European Union regulation in the field of freedom of movement for workers (3).
Basic concepts
(1) For the purposes of this Act, the right to equal treatment shall be understood as the right not to be discriminated against for the reasons provided for by this law or by the directly applicable European Union regulation in the field of freedom of movement for workers (3).
(2) Discrimination is direct and indirect. Discrimination is also regarded as harassment, sexual harassment, persecution, instruction to discriminate and incitement to discrimination.
(3) Direct discrimination means such conduct, including omission, where one person is treated less favourably than another person is treated, treated or would be treated in a comparable situation, on grounds of race, ethnic origin, nationality, sex, sexual orientation, age, disability, religion, belief or belief, and also in legal relations in which a directly applicable European Union regulation on the free movement of workers applies (3), including on grounds of nationality.
(4) Discrimination due to pregnancy, maternity or paternity and sexual identification shall also be considered as discrimination on grounds of sex.
(5) Discrimination is also a practice where a person is treated less favourably on the basis of the alleged reason referred to in paragraph 3.
(1) Indirect discrimination means conduct or omission where, on the basis of a seemingly neutral provision, criteria or practice, a person is at a disadvantage over others for one of the reasons set out in Paragraph 2 (3). Indirect discrimination is not a matter where this provision, criterion or practice is objectively justified by a legitimate objective and the means of achieving it are proportionate and necessary.
(2) Indirect discrimination on grounds of disability shall also mean the refusal or omission to take adequate measures to allow a disabled person to have access to a particular job, to work or to perform a function or other procedure in employment in order to benefit from employment advice or to take part in other vocational training, or to benefit from services intended to the public, unless such a measure would constitute a disproportionate burden.
(3) When deciding whether a specific measure constitutes an undue burden, account should be taken of:
(a) the degree of benefit to the disabled person from the implementation of the measure;
(b) the financial capacity of the measures for the natural or legal person to implement them;
(c) the availability of financial and other assistance to implement the measures; and
(d) the eligibility of alternative measures to meet the needs of a disabled person.
(4) A measure which a natural or legal person is obliged to carry out under a specific legislation shall not be considered an undue burden.
(1) Harassing shall mean unintended conduct related to the grounds referred to in Article 2 (3),
(a) the object or effect of which is to reduce the dignity of a person and to create a intimidating, hostile, degrading, humiliating or offensive environment; or
(b) which may be regarded as a condition for decisions affecting the exercise of rights and obligations arising from legal relations.
(2) Sexual harassment means the conduct referred to in paragraph 1 which is of a sexual nature.
(3) Pursuit means the adverse treatment, punishment or disadvantage which has occurred as a result of the exercise of rights under this law.
(4) Discrimination instruction means the conduct of a person who misuses the subordinate position of a third party.
(5) Guidance to discrimination means the conduct of a person who persuades, affirms or encourages another to discriminate against a third person.
(1) For the purposes of this Act, remuneration shall mean all transactions, cash or non-cash, recurring or one-off which are provided directly or indirectly to a person in an dependent activity.
(2) By ensuring equal treatment, the adoption of measures which are a condition for effective protection against discrimination and which, in the light of good morals, may be required in the light of the circumstances and personal circumstances of those who are required to ensure equal treatment; equal treatment shall also be considered as ensuring equal opportunities.
(3) Employers shall be required to ensure equal treatment, including remuneration, in respect of the right to employment and access to employment, access to the profession, business and other self-employed activities, work and other dependent activities, including remuneration, in accordance with paragraph 2.
(4) For the purposes of this Act, calling shall mean the activity of a natural person who, in return for payment, is in an independent or dependent position whose proper exercise of special legislation makes it conditional on the fulfilment of qualification requirements, in particular the achievement of prescribed education and, where appropriate, the period of practice.
(5) For the purposes of this Act, a social advantage shall mean a discount, exemption from fees or cash or non-cash benefits, provided, independently of social security claims, directly or indirectly to a group of natural persons with normally lower income or higher cost of living than others.
(6) For the purposes of this Act, disability shall mean physical, sensory, mental, mental or other disability which prevents or may prevent persons from their right to equal treatment in the areas defined by this Act; it must be a long-term disability that lasts or is to last at least one year, according to medical science.
Allowed forms of different treatment
(1) Discrimination is not a difference of treatment on grounds of age in access to employment or occupation where:
(a) the condition of minimum age, professional experience or periods of employment which is necessary for the proper pursuit of employment or occupation or for access to certain rights and obligations relating to employment or occupation; or
(b) for the proper pursuit of the employment or occupation of the necessary vocational training, which is inappropriately long in relation to the date on which the person applying for the employment or occupation reaches retirement age in accordance with the special legislation2).
(2) Discrimination is not considered to be a different treatment related to the establishment of a different retirement age (2) for men and women; This does not apply to occupational social security schemes under Sections 8 and 9.
(3) Discrimination is not a different treatment in matters of the right to employment, access to employment or occupation, employment, employment or other dependent activities, provided that there is a substantive reason for doing the work or activity and the requirements applied are proportionate to that nature. Discrimination on grounds of sex is not a different treatment in matters of access or training to employment or occupation, provided that the substantive reason for doing the work or activity and the requirements applied are proportionate to that nature.
(4) Discrimination is not a different treatment applied to the rights of employment, access to employment or occupation, in the case of dependent work carried out in churches or religious societies, where, by reason of the nature of these activities or the context in which they are carried out, religion, belief or the world view of a person constitutes a substantial, justified and justified requirement of employment, taking into account the ethics of the church or religious society in question.
(5) Discrimination is not a different treatment applied for the protection of women because of pregnancy and maternity, persons with disabilities and for the protection of persons under 18 years of age beyond the limits laid down by specific legislation, provided that the means of achieving those objectives are adequate and necessary.
(6) Discrimination on grounds of sex is not a different treatment in the provision of services offered in the areas of private and family life and operations carried out in this context.
(7) Discrimination on grounds of sex is not an exclusive or preferential provision of publicly available goods and services where the exclusive or preferential provision of goods and services to persons of a particular sex is objectively justified by a legitimate objective and the means of achieving it are proportionate and necessary.
(1) Discrimination is not a difference of treatment on grounds of sex, sexual orientation, age, disability, religion, belief or belief in matters referred to in paragraphs 1 (1) (f) to (j), provided that such difference of treatment is objectively justified by a legitimate objective and the means of achieving it are proportionate and necessary. Paragraph 6 is without prejudice to this.
(2) Measures designed to prevent or compensate for disadvantages arising from the jurisdiction of a person to a group of persons defined by one of the grounds set out in Paragraph 2 (3) and to ensure equal treatment and equal opportunities shall not be regarded as discrimination.
(3) In matters of access to employment or occupation, the measure referred to in paragraph 2 shall not give priority to a person whose quality is not higher for the pursuit of employment or occupation than the other persons at the same time.
(4) Other permissible forms of different treatment contained in the special laws are not affected by the provisions of paragraphs 1 and 6.
The principle of equal treatment for men and women in occupational social security schemes
(1) Where the employer provides employees, former employees and their family members
(a) the cash performance or performance of the cash value, the purpose of which is to replace or supplement the benefits provided under the basic social protection system in the event of:
1. diseases,
2. invalidity,
3. age, including early retirement,
4. accidents at work and occupational diseases,
5. unemployment,
(b) other cash or non-cash transactions having the character of social benefits, in particular survivors' or family benefits, provided that they are paid by the employer to the employee on account of his employment;
is obliged not to discriminate on grounds of gender.
(2) Men and women must in particular:
(a) equal access to the occupational social security system;
(b) the same entitlement to performance;
(c) the same conditions for the establishment, duration and maintenance of entitlement to the service;
(d) equally compulsory or voluntary participation in the system;
(e) the same rules on performance, in particular the age limit, duration of employment or duration of participation in the scheme;
(f) the same conditions for suspension or entitlement to benefits paid during maternity leave or leave for family reasons;
(g) entitlement to the same extent of performance, subject to the same conditions;
(h) the same method of calculating the employer's or employee's contributions;
(i) the same method of calculation of the amount of the performance, including an increase to which entitlement arises with regard to the spouse or dependants;
(j) the same conditions for the reimbursement of contributions by a staff member, if the staff member has withdrawn from the system without fulfilling the conditions guaranteeing the deferred right to long-term benefits;
(k) the same method of determining the retirement age for the purposes of granting occupational social security benefits.
(3) The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to self-employed and state-owned organisations of which such persons are members which are based on the principle of professional competence.
(4) The provisions of paragraphs 1 to 3 shall also apply to:
(a) persons whose activity is interrupted because of sickness, maternity or accident;
(b) persons applying for employment;
(c) pensioners;
(d) disabled or former staff;
(e) persons who claim the persons referred to in points (a) to (d).
(1) The employer's obligation to respect the principle of equal treatment between men and women under Article 8 does not apply to:
(a) individual contracts for self-employed persons;
(b) occupational schemes for self-employed persons, intended only for one member;
(c) insurance contracts to which the employer is not a party, in the case of staff receiving a salary or salary;
(d) voluntary provisions of social protection schemes for persons offered individually to participants in order to guarantee them:
1. additional doses; or
2. the choice of the date on which the normal benefits for self-employed persons start to be paid or the selection of several benefits;
(e) occupational schemes, provided that the benefits provided by such schemes are financed by contributions from voluntary staff.
(2) The employer's obligation to respect the principle of equal treatment between men and women does not prevent the employer from granting a pension supplement to persons who have completed retirement age for the purposes of granting a pension from the occupational system but who have not yet reached retirement age for the purposes of granting a pension under the statutory pension scheme. The pension supplement serves to complete or approximate the total amount of benefit paid to such persons in relation to the amount paid in the same situation to persons of the same sex who have already completed the statutory retirement age until the persons benefiting from this supplement have completed the statutory retirement age.
(3) There is no breach of the obligation to respect the principle of equal treatment between men and women
(a) the determination of different levels of benefits in connection with the application of the necessary measures taking into account actuarial principles which differ by sex in the case of dose-defined systems; in the case of occupational systems for which benefits are financed by the collection of capital, certain elements may be unequal if the inequality of the amounts is due to the application of actuarial principles which differ by gender at the time of the implementation of the financing system;
(b) setting different levels of employers' contributions to the employment system;
1. in the case of a dose-defined system and in order to offset or approximate the amount of final doses for both sexes,
2. in the case of a system of benefits financed by the collection of capital and the employer's contributions, it is intended to provide the financial basis necessary to cover the costs of the defined benefits;
(c) laying down different rules or rules applicable only to persons of a particular sex in the case of the measures provided for in points (a) and (b) as regards the guarantee or retention of entitlement to life benefits when a person is withdrawn from the occupational social security scheme.
(4) As regards the benefit schemes financed by the collection of capital referred to in paragraph 3 (a), there is no breach of the principle of equal treatment between men and women.
(a) conversion of part of the periodic pensions into capital;
(b) transfer of pension rights;
(c) survivor's pension paid to the beneficiary if he has renounced part of the pension paid each year;
(d) a reduced pension if the person chooses to give early retirement.
(5) The principle of equal treatment of men and women shall not be contrary to the principle of equal treatment if both men and women are entitled under the same conditions to a flexible retirement age from the occupational social security scheme.
(6) For the purposes of this Act, for the purposes of equal treatment between men and women in occupational social security schemes in respect of self-employed persons, the employer shall also be the legal or natural person providing such protection.
LEGAL INSTALLATIONS FOR PROTECTION BEFORE DISCRIMINATION
(1) Where the infringement of rights and obligations arising from the right to equal treatment or discrimination is committed, the person concerned shall have the right, in particular, to seek the court to waive discrimination, to eliminate the consequences of discriminatory intervention and to give him adequate satisfaction.
(2) In the absence of sufficient redress pursuant to paragraph 1, in particular because the reputation or dignity of a person or the seriousness of a person in society has been significantly reduced as a result of discrimination, it shall also be entitled to compensation for non-property damage in money.
(3) The amount of the refund referred to in paragraph 2 shall be determined by the court taking into account the seriousness of the damage suffered and the circumstances in which the infringement occurred.
(1) In matters of protection against discrimination, a legal person may:
(a) which has been established to protect the rights of victims of discrimination; or
(b) where the protection against discrimination is the subject of its activities listed in the Statutes or Statutes, or such a fact arises from its activities or from the law;
provide information on legal assistance options and synergies in drafting or supplementing proposals and submissions to persons seeking protection from discrimination.
(2) The legal person referred to in paragraph 1 shall be entitled to give the administrative authorities exercising control over compliance with the legislation, including the right to equal treatment, the incentive to carry out the inspection and, where appropriate, the incentive to initiate the administrative procedure.
TRANSITIONAL PROVISIONS
Legal relations in matters of the right to equal treatment arising from facts which occurred before the date of entry into force of this Act shall be governed by existing legislation.
Amendment to the Ombudsman Act
Act No. 349 / 1999 Coll., on the Ombudsman, as amended by Act No. 265 / 2001 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 626 / 2004 Coll., Act No. 381 / 2005 Coll., Act No. 342 / 2006 Coll. and Act No. 129 / 2008 Coll., is amended as follows:
1. In Paragraph 1 (4) (c), the words "social care institutions' are replaced by the words" social services establishments'.
2. In Article 1, the following paragraph 5 is inserted after paragraph 4, including footnote 1:
"(5) The guardian shall exercise jurisdiction in matters of equal treatment and protection against discrimination (1).
1) Act No. 198 / 2009 Coll., on Equal Treatment and Legal Means of Protection against Discrimination and on the Amendment of Certain Laws (Anti-Discrimination Act). '
Paragraphs 5 and 6 shall become paragraphs 6 and 7.
Footnotes 1 to 5 to date are referred to as footnotes 2 to 6, including the footnotes.
3. Paragraph 8 (2) reads as follows:
"(2) The guardians are paid, severance pay, reimbursement of expenses and in kind as President of the Supreme Audit Office. Representatives of the Ombudsman shall be paid, severance pay, reimbursement of expenses and in kind as Vice-President of the Supreme Audit Office. '
4. In Article 15 (1) (c), the words "pursuant to Article 1 (2) 'are deleted.
5. The following Section 21b is inserted after Section 21a:
The Protector shall contribute to the promotion of the right to equal treatment of all persons, regardless of race or ethnic origin, nationality, sex, sexual orientation, age, disability, religion, belief or world opinion and for that purpose:
(a) provide methodological assistance to victims of discrimination in the submission of proposals to initiate proceedings for grounds of discrimination;
(b) carry out research;
(c) publish reports and make recommendations on issues relating to discrimination;
(d) arrange for the exchange of available information with relevant European bodies. "
Amendment of the Civil Code
Act No. 2000 / 2000 Coll., Act No. 99 / 1963 Coll., Civil Code, as amended by Act No. 36 / 1967 Coll., Act No. 158 / 1969 Coll., Act No. 49 / 1973 Coll., Act No. 20 / 1975 Coll., Act No. 133 / 1982 Coll., Act No. 160 / 1993 Coll., Act No. 117 / 1994 Coll., Act No. 152 / 1994 Coll., Act No. 216 / 1995 Coll., Act No. 84 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll. Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 2006, Act No. 100 / 2006, Act No. 2006, No.
If the applicant indicates before the court the facts on which it can be concluded that there has been direct or indirect discrimination by the defendant
(a) on the basis of sex, racial or ethnic origin, religion, belief, world opinion, disability, age or sexual orientation in the field of work or other dependent activities, including access to them, occupation, business or other self-employed activities, including access to them, membership of employees' or employers' organisations and membership and activities in the professional chambers (56b);
(b) on the basis of racial or ethnic origin in the provision of health and social care, in access to education and training, access to public contracts, access to housing, membership of interest associations and in the sale of goods in trade or the provision of services 56c); or
(c) on the basis of gender in access to goods and services 56d),
the defendant is obliged to prove that there has been no breach of the principle of equal treatment.
(56b) Council Directive 2000 / 43 / EC of 29 June 2000 establishing the principle of equal treatment between persons irrespective of racial or ethnic origin. Council Directive 2000 / 78 / EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. Council Directive 2004 / 113 / EC of 13 December 2004 establishing the principle of equal treatment between men and women in access to and supply of goods and services. Council Directive 97 / 80 / EC of 15 December 1997 on the burden of proof in cases of gender discrimination.
(56c) Council Directive 2000 / 43 / EC of 29 June 2000 establishing the principle of equal treatment between persons irrespective of racial or ethnic origin.
(56d) Council Directive 2004 / 113 / EC of 13 December 2004 establishing the principle of equal treatment between men and women in the access and supply of goods and services. ';
Amendment of the Insurance Act
In Section 13a of Act No. 363 / 1999 Coll., on Insurance and on the amendment of certain related laws (Insurance Act), as amended by Act No. 39 / 2004 Coll., the current text is renumbered as paragraph 1 and the following paragraphs 2 and 3 are added:
"(2) Where an insurance undertaking uses gender differences as a determining factor in determining the different level of premiums and the different calculation of premiums, it shall ensure that those differences are:
(a) based on accurate actuarial and statistical data; and
(b) adequate.
(3) In determining the different level of premiums and the different calculation of premiums referred to in paragraph 2, the insurance undertaking shall be based on publicly available data and on data obtained from its own business or statistics produced jointly by insurance undertakings. Where publicly available data, including statistics jointly generated by insurance undertakings, are not available, the insurance undertaking shall publish and regularly update its own statistics on which it is based in determining the different level of premiums and the different calculation of claims in a way that allows remote access. ';
Transitional provision
The Ministry of Finance shall, on the basis of the information provided for in Section 13a (3) of Act No. 363 / 1999 Coll., on Insurance and on the amendment of certain related laws (Insurance Act), as amended, obtained at the earliest on 1 April 2012, review the validity of the use of gender diversity as a determining factor in determining the different level of premiums and the different calculation of claims, and shall communicate the results of this review to the Commission of the European Communities by 21 December 2012 at the latest.
EFFECTIVE
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Regulation Information
| Citation | Act No. 198 / 2009 Coll., on Equal Treatment and Legal Means of Protection against Discrimination and Change of Certain Laws (Anti-Discrimination Act) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.06.2009 |
|---|---|
| Effective from | 01.09.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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