Diskriminacija v delovnih razmerjih

slovenian

2015

volume 41, issue 6/7

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

The article deals with diffirent lega laspects of discrimination in labour relations. After a short introductory presentation of the international and the Slovenian constitutional legal framework of the prohibition of discrimination, the legal regulation of this issue in Slovenian Labour legislation follows. The article analyses some basic concepts such as direct and indirect discrimination, harassment, victimisation, as well as discrimination by association, discrimination by assumption, multiple or intersectional discrimination etc. The author endeavours to define the notions such as a personal circumstance, a comparable situation and a less favourable treatment. The articles tackles also the problem of the burden of proof in anti-discrimination cases and the issue of adequate, i.e. effective, proportionate and dissuasive sanctions. Special attention is given to positive measures (affirmative action) aimed at combating structural discrimination and to the concept of reasonable accomodation and universal/inclusive design, as well as to the discourse on formal and material equality.

19.01.2017