ABSTRACT
This chapter analyses a legal nature of the non-exhaustive catalogue of discriminatory criteria included in the Polish Labour Code. In particular, it presents an overview of the “other” criteria than those regulated expressis verbis. Thus, the chapter focuses on the case law concerning criteria recognised as discriminatory and those that were not considered as such by the Polish courts. The chapter also highlights some interpretative issues that result from the amendment of 16 May 2019 to the Labour Code. This change included the deletion of the phrase “as well as without distinction on the grounds of”. As intended by the legislature, this intervention should cause the courts to expand an open catalogue to include not only personal characteristics of social importance but also criteria related to the work performed. However, this seems to be problematic from the point of view of the need to ensure a pro-EU interpretation of national law.
