Uplatňování zákazu diskriminace ve státní službě

Abstract

The article discusses the application of the principle of equal treatment and the prohibition of discrimination in the context of public service. While employees who feel discriminated against often resort to legal action in civil courts or raise discrimination claims in other civil proceedings, the situation in employment relationships within the public service is less clear. The author examines how the law on public service refers to the relevant provisions of the Labor Code and explores the compatibility of the regulations designed for employment relationships with the specific nature of public service relationships. The article also emphasizes the importance of addressing discrimination claims in the appropriate procedural framework. Despite the increased element of subordination in public service, the principle of equal treatment and the prohibition of discrimination can still be invoked by public servants, as European law does not allow otherwise. The article analyzes the case law of the Czech supreme courts and its consequences.