Not all injustices at work are discrimination.
Not every conflict, tension or unfavorable treatment constitutes a violation of the law.

When can we talk about discrimination?

For a situation to qualify as discrimination, at least three elements must be present:

• Less favorable treatment – the person experiences a marked difference in the way they are treated
• Protected personal characteristic – e.g. gender, origin, age, religion, sexual orientation, disability
• The connection between the two – less favourable treatment is due to this protected characteristic

Protected functions in Europe

European regulations prohibit discrimination related to:

• racial or ethnic origin (Directive 2000/43/EC)
• religion or belief (Directive 2000/78/EC)
• disability (Directive 2000/78/EC)
• age (Directive 2000/78/EC)
• sexual orientation (Directive 2000/78/EC)
• gender – equality between women and men in employment and pay (Directive 2006/54/EC)

In many European countries, other safeguards are also added, for example those related to family situation, language or social status.

Why does this matter?

Discrimination is often subtle and hidden – it can occur through:

• unclear evaluation criteria
• preferences in recruitment or promotion
• informal support or mentoring networks

Recognizing the protected characteristic and the link to less favorable treatment allows us to distinguish discrimination from ordinary conflicts.

Practical conclusion

Not every difficult situation at work constitutes discrimination, but each may signal the need to analyze processes, criteria and organizational culture.
Being aware of protected personal functions is the first step to creating a just environment.