Discrimination in the Workplace: How Can the Human Rights Defender Help You?
Historian Yuval Noah Harari observes that the market and the state have freed the individual from the control of the family and the village: we no longer depend on our community to survive; we depend on our work. This is a form of freedom, but it has a downside. When our job is threatened, our place in society is shaken. That is why discrimination in the workplace hurts so deeply: it affects not only a career, but also what defines our existence in the eyes of others. And this is also why the state has created an institution charged with protecting the individual alone against those more powerful than him. This institution, which has recently been in the news following the appointment of its new head, deserves to be better known: it is the Defender of Rights.
Understanding Discrimination in the Workplace and the Legal Framework
What is discrimination from a legal standpoint?
Discrimination occurs when an unfavorable decision by an employer—whether at the time of hiring or at any point during the employment relationship (regarding compensation, job assignment, performance evaluation, promotion, or contract renewal)—is based on a ground prohibited by law: health status, disability, pregnancy, national origin, sex, age, union activity, religious beliefs, among others. This principle is established in the very first articles of the Labor Code, and this is no coincidence: the legislature has made it a fundamental requirement. Discrimination can be direct or indirect: a rule that appears neutral but, in practice, puts certain people at a disadvantage.
Injustice, Inequality, or Discrimination: Distinguishing Between Them
Not all injustices constitute discrimination in the legal sense. Being paid less than a coworker is not, in and of itself, discrimination: it is sometimes unequal treatment, which is challenged through other channels. However, it may suggest discrimination if it is linked to a prohibited ground. Here are a few real-life situations that, depending on the circumstances and subject to a comprehensive review of the case, may suggest discrimination:
- a fixed-term contract that is not renewed immediately after the announcement of maternity leave;
- annual performance reviews full of praise for years on end without any pay raises;
- a client portfolio that was withdrawn shortly after the employer learned of an illness;
- being sidelined from projects after reporting harassment.
Good to Know - TheKey Role of Chronology
Timing is often an important clue. The changes that occur immediately after the announcement of a pregnancy, a medical condition, or a union commitment reveal something that official explanations do not always convey. A clue, not proof in and of itself: judges always considerall the evidence as a whole.
The Role of the Human Rights Defender in Dealing with Employers
A free, independent, and accessible institution
The Defender of Rights is an independent authority that anyone can contact free of charge, without a lawyer. It may seem distant, but in reality, it is very active in the workplace. In 2025, according to its annual report, the institution recorded 6,362 complaints of discrimination, with the private sector accounting for the largest share—32 percent of the cases. The most frequently cited grounds were disability,ethnic origin, andhealth status, followed by gender, nationality, and age.
A full-fledged administrative investigation
The inspector has real authority. He may request explanations and relevant documents from the employer, interview any person whose assistance he deems necessary, and conduct on-site inspections: a full-fledged administrative investigation. Refusing to provide the requested documents or to comply with his summonses may, under the conditions provided by law, constitute the offense of obstruction.
Cumbersome proceedings before the labor courts
And when a case is brought before the labor court, the Defender of Rights may submit observations to inform the judges. In several cases, the judges have adopted the analysis he proposed: for example, in the case of an employee who, for years, was referred to in company documents by a first name other than his own, without the employer being able to justify it; the judges viewed this as discrimination based on origin and granted redress. The same applies in cases related to health status orunion involvement.
Point to Note — A Valuable Resource, but Not a Court
The Human Rights Defender is not a judge. He does not issue rulings, his observations are not binding on the court, and his intervention does not guarantee any specific outcome. However, his investigation may uncover evidence that would be very difficult to obtain on one’s own.
Proving Discrimination and Filing a Complaint with the Institution
How does the allocation of the burden of proof work?
This is the greatest source of anxiety for the people who come to me for advice: “I know it, but I can’t prove it.” The law has recognized this difficulty. In cases of discrimination, you do not have to provide complete proof: you present factual elements—substantiated by evidence—which, taken as a whole, suggest discrimination. It is then up to the employer to demonstrate that its decision is based on objective factors unrelated to any prohibited grounds. The judge evaluates these elements as a whole, not one by one. Emails, performance reviews, statements from coworkers, comparisons with other employees hired at the same level—all of this forms a body of evidence. Comparison can be helpful, but it is not essential: discrimination can be established without it.
This is where the role of the Defender of Rights really comes into its own. Discrimination cases are characterized by an information asymmetry: the employer holds most of the evidence. The institution’s investigation helps restore the balance.
New Protections: Parental Rights, Assisted Reproductive Technology, and Adoption
Under a law dated June 30, 2025, which took effect on July 2, 2025, employees pursuing parenthood through assisted reproductive technology (ART) or adoption are expressly entitled to protections against workplace discrimination—similar to those provided for pregnancy and maternity—as well asspecific leave entitlements. This is a recent protection that is still not widely known, and it applies to both women and men.
Procedures for Filing a Case and Managing Court Deadlines
You can file a complaint online, by mail, or with a regional representative. It is free of charge and may result, depending on the circumstances, in mediation, recommendations, or legal observations if you also file a lawsuit.
One important point to keep in mind—and one that is too often overlooked—is that filing a complaint with the Defender of Rights does not, in and of itself, interrupt or suspend the statute of limitations for taking legal action. The Defender’s investigation may take time, and the statute of limitations continues to run; in cases of discrimination, the right to seek damages generally expires five years after the facts come to light. The two processes therefore proceed in parallel, not one after the other.
Key Takeaways
Discrimination in the workplace must be based on a ground prohibited by law: health, disability, pregnancy, national origin, sex, age, or union membership, among others. You may file a complaint with the Defender of Rights free of charge and without a lawyer; the Defender of Rights will investigate, request documents, and may present observations to the judges, who remain free to make their own determination. The burden of proof is shifted in your favor: established facts, considered as a whole, may give rise to a presumption of discrimination and require the employer to objectively justify its decision. However, filing a complaint with the Defender of Rights does not suspend the deadlines for taking legal action: both processes proceed simultaneously.
This article is intended for educational purposes. Since each situation is unique, it requires personalized legal advice.
