Encouragement to discrimination – a manifestation of discrimination is also an action consisting in encouraging another person to breach the rule of equal treatment or ordering him/her to breach this rule. It means that encouraging others to behave in a way discriminating another person is an unlawful action – such situation is often present on the grounds of the Labour Code. Refusal to execute a specific command may be related to multiple negative effects for an employee. It should be remembered that we cannot mindlessly accept any kind of orders and commands. In such cases we do not only have the right but also the obligation to oppose behaviours calling for breaching the prohibition of discrimination or indirectly aimed at breaching the rule of equal treatment.
Legal protection against discrimination constitutes one of the fundamental provisions of numerous legal acts in force in our country (those both of national and international nature), which, in the majority of cases, developed their own definitions of the concept of discrimination and unequal treatment.
In practice, examples of situations that require or encourage a breach of the principle of equal treatment may occur in a power relationship, e.g. in situations where one person has the power to issue instructions to another one or the ability to influence his/her behaviour. It may be, for example, a relationship lecturer-student, university authorities-students, in which the decision-making party tries to influence on or subject a grade, admission to the examination, admission to the university from the declaration of discriminatory or negative behaviour towards other students (e.g. because of race, gender, nationality or ethnic origin). Another example situation may be, instructing students to impede other students who belong to national minorities from joining student government structure.