Трудова дискриминация | Адвокатска кантора "KGK"

Imagine that you apply for a job, do excellently in the interview – and then find out that you were not hired because you are pregnant. Or that a colleague in the same position, with the same experience, receives a higher salary than you. These are not merely injustices. This is discrimination – and the law gives you real tools against it.

Workplace discrimination is among the most common violations of the rights of workers and employees. It can affect every stage of the employment relationship — from applying for a job to its termination, including working conditions, remuneration and opportunities for development.

The good news? The principle of equal treatment is fundamental in both Bulgarian and European law. And its violation entails serious legal consequences for the employer.

What actually is employment discrimination?

In short – treating people differently on the basis of something that has no bearing whatsoever on their work.

The Protection against Discrimination Act (Article 4, paragraph 1) prohibits any direct or indirect discrimination based on characteristics such as sex, age, ethnicity, religion, disability, sexual orientation, and others.

This is reinforced by the Labour Code (Article 8, paragraph 3), which expressly provides that no direct or indirect discrimination is permitted in the exercise of labour rights and obligations.

Together, the two provisions create one clear rule: the employer is obliged to ensure equal treatment in all aspects of the employment relationship.

The different forms of discrimination

Discrimination does not always look the same. The law distinguishes several main forms, and it is useful to be aware of each of them.

Direct discrimination – this is the “overt” form. It is present when one person is treated less favourably than another in comparable circumstances precisely because of a protected characteristic. The classic example – a refusal to hire on grounds of pregnancy.

Indirect discrimination – Article 4, paragraph 3 of the Protection against Discrimination Act. It arises when an apparently neutral provision, criterion, or practice places a particular group at a disadvantage. That is – at first glance the rule applies to everyone equally, but its actual effect unfairly impacts only one group.

Discrimination in pay is particularly significant. According to Article 14, paragraph 1 of the Protection against Discrimination Act, the employer is obliged to ensure equal remuneration for the same or equivalent work. It sounds obvious, but in practice it is one of the most frequently violated rules.

The European framework – Directive (EU) 2023/970

The principle of “equal work – equal pay” also enjoys strong European protection. Every Member State is obliged to ensure equal pay for men and women for equal work or work of equal value.

This is where it gets interesting. For a long time, the main difficulty in proving pay discrimination was the lack of transparency – how can you prove that you are paid less if no one says who earns how much? Directive (EU) 2023/970 attacks precisely this problem through specific transparency mechanisms.

What it introduces in practice:

job applicants have the right to receive information about the starting remuneration or its range before the conclusion of the contract;
employers are not allowed to ask the applicant what their previous salary was;
workers have the right to information about their own pay and about the average pay levels for similar positions.

These are serious changes – and they are coming soon. Bulgaria must transpose these rules by 7 June 2026, which will lead to substantial changes in practice.

How is discrimination proven?

This is perhaps the most important practical question. And here the law does something that works surprisingly in the worker’s favour.

Usually, the principle in law is “he who alleges must prove.” With discrimination, however, things are different. According to Article 9 of the Protection against Discrimination Act, when a person presents facts from which the existence of discrimination may be presumed, the burden of proof shifts to the respondent (the employer).

This is the so-called “reversed burden of proof”, and it considerably eases the position of workers. That is, it is not you who must prove that you have been discriminated against – it is enough to present sufficiently indicative facts, and then it is the employer who must prove that they have not discriminated.

What can serve as such facts in practice:

comparison with other employees;
the employer’s internal documents;
statistical data;
witness testimony.

The new transparency requirements will further facilitate the gathering of such evidence.

How can you protect yourself?

Bulgarian law provides for several remedies, and you can choose the one that is most appropriate for your case.

Through administrative proceedings – according to Article 47 of the Protection against Discrimination Act, any person may file a complaint with the Commission for Protection against Discrimination. It has the power to establish violations and to impose sanctions.

Through judicial proceedings – the injured parties may also seek protection before the court, including claiming compensation for pecuniary and non-pecuniary damages suffered.

Conclusion

Employment discrimination is a violation of fundamental rights guaranteed by both national and European law. Bulgarian legislation already provides a solid framework for protection, and the new European requirements will strengthen it through greater transparency.

And here is the essential point: knowing the specific legal rules is not merely a theoretical advantage – it is a real tool for protecting your rights. If you have the feeling that you have been treated unfairly in the workplace because of something that has nothing to do with your work, it is worth checking what the law actually says. And if the situation is complex, consulting an attorney can make the difference between a sense of injustice and real protection.