THE RELATIONSHIP BETWEEN THE PROHIBITION OF DISCRIMINATION AND THE PROHIBITION OF HARASSMENT AT WORK AND DURING RECRUITMENT
THE RELATIONSHIP BETWEEN THE PROHIBITION OF DISCRIMINATION AND THE PROHIBITION OF HARASSMENT AT WORK AND DURING RECRUITMENT

Summary/Abstract: This paper analyzes the relationship between the prohibition of discrimination and the prohibition of harassment at work and during recruitment within the framework of contemporary labor law. Since the prohibition of discrimination is broadly conceived from a legal perspective, and must be applied across all areas of the socio-political and economic system, the paper examines certain aspects of the prohibition of discrimination and some of the possible grounds for unequal treatment of particular categories of persons, namely employees and job applicants. It is precisely in this area that the prohibition of discrimination and the prohibition of harassment significantly overlap, and although they constitute distinct legal institutions, they share a common objective—the protection of employees’ dignity at work and in connection with work, as well as the principle of equal treatment for all. The paper provides an overview of the relevant legislation of the Republic of Serbia, theoretical interpretations, and a comparative legal analysis of solutions adopted in European Union law and international law. Special emphasis is placed on the practical aspects of the overlap between discriminatory and harassing conduct, as well as on the importance of addressing these issues and implementing preventive mechanisms by employers in order to create a safe and dignified working environment.

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