Fundamental rights, equal treatment and protection against discrimination
Charter rights
The Charter of Fundamental Rights and Freedoms is part of the constitutional order. Rights may be limited only by law, for a legitimate aim, proportionately and without destroying their essence. Key rights for public administration include dignity, equality, privacy, protection of personal data, freedom of expression, assembly, association, petition and the right to a fair trial. The Public Defender of Rights (Ombudsman) protects persons against unlawful conduct by public authorities.
Anti-discrimination
Act No. 198/2009 Sb., the Anti-Discrimination Act, prohibits discrimination on grounds of race, ethnic origin, nationality, sex, sexual orientation, age, disability, religion, belief and political opinion. It covers direct discrimination, indirect discrimination, harassment, sexual harassment, victimisation and instruction to discriminate. Direct discrimination is less favourable treatment because of a protected ground; indirect discrimination is a neutral rule that disproportionately disadvantages a protected group. Justification is possible for genuine occupational requirements and reasonable accommodation for disability.
Enforcement
The burden of proof shifts to the defendant once the claimant establishes facts suggesting discrimination. Courts can order cessation, compensation and reinstatement. The Ombudsman acts as the equality body, conducts research and provides legal advice, but does not impose fines. EU directives 2000/43, 2000/78 and 2006/54 underpin the Czech Act.
Worked example
A job advertisement for a receptionist says “women under 30 only”. Reasoning: this is direct discrimination on grounds of sex and age. A genuine occupational requirement is unlikely for a receptionist. The employer must prove objective justification; otherwise the claimant can obtain compensation. The advertisement itself can be evidence.
Traps
Do not require intent; discrimination can be unintentional. Do not confuse direct and indirect discrimination. Do not say the Ombudsman can fine employers; that is for courts or labour inspectorates. Do not forget that the Anti-Discrimination Act covers access to goods and services, not only employment.