Kryterium dyskryminacji w ocenie zarządzania zasobami ludzkimi
Discrimination criterion in the assessment of human resource management

Summary/Abstract: The issue of discrimination is described in the context of European Union regulations, including directives implemented into national law (e.g., Polish law). Anti‑discrimination law can be understood as a set of provisions with various sources, aimed at, among other things, protecting individuals or groups from unequal treatment in various spheres of professional, personal, and social life. Of particular importance is the prohibition of discrimination set forth in the Council of Europe’s European Convention on Human Rights (as interpreted by the European Court of Human Rights) and in European Union law (as interpreted by the Court of Justice). Therefore, the following research question was formulated: Can areas of human resources management be assessed according to the criterion of the prohibition of employment discrimination? The method of logical analysis and construction was used to answer this question. The analysis demonstrated that the Polish Labor Code provisions regarding the prohibition of employment discrimination apply to all areas of human resources management, which provides the basis for its legal assessment. Thus, the presented considerations set a new direction in scientific research concerning the legal assessment of human resources management in organizations. The findings of the study may help to raise awareness among managers and staff within the organization of the importance of labor law, as well as the obligation to comply with it both in the design and implementation of the organization’s human resources management processes. Furthermore, they may influence the assessment of the extent to which the provisions contained in organizational documents (i.e. regulations on working conditions and remuneration) comply with applicable labor law, which has a direct bearing on HR processes and the operational procedures for human resources management.

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