According to a 2019 survey conducted by CBOS, 12% of people experienced hate speech at work. This is defined as a statement that offends others because of characteristics such as race, colour, religion (or lack thereof), nationality, ethnicity, sexual orientation, gender, age or disability. Studies from 2024-2025 already indicate that approximately 34% of adult Poles have encountered this at work. It is therefore apparent that the problem is a growing one. Certain hate speech is a crime in Poland and employers have an obligation to counteract it. Failing to do so can be costly. 

Every employer has an obligation to actively tackle issues such as workplace mobbing (i.e. persistent and prolonged harassment or intimidation of an employee) and discrimination. The criteria for discrimination is defined much more broadly in Polish employment legislation (i.e. civil law) than it is in the Penal Code (i.e. criminal law), and includes sexual orientation. Breaching the obligation to actively counteract hate speech at work exposes employers to potential claims from aggrieved employees, as well as to reputational damage. 

As part of the obligation to actively tackle hate at work, employers should promote appropriate attitudes in the workplace, conduct training and set appropriate directions for conduct. Their duties also include responding to any suspicion of improper conduct, including hate, and so adequate measures should be in place for this. 

Individuals who behave in this manner at work could be committing a crime. The Polish Penal Code provides penalties for, among other things, hate speech and incitement to hatred based on national, ethnic, racial and religious differences or because of a lack of religious beliefs. For years, there have been calls to expand these grounds to include sexual orientation and other characteristics. Until the Penal Code is amended, insulting another person for this reason will still be a crime, although it can only be prosecuted via a private indictment. This means that the victim must initiate and pursue the legal case themselves, rather than it being handled automatically by public prosecutors. 

Tolerating hate at work, whether that is discriminatory behaviour, mobbing or something else, such that it creates an atmosphere of consent to this sort of behaviour may be interpreted as facilitating the commission of a crime. In this respect, an accomplice may also be subject to criminal punishment and can receive the same sentence as the perpetrator. For employers who decide not to proactively tackle this issue then, there could be serious criminal consequences.  

Employers in Poland must actively prevent and respond to hate in the workplace, or risk legal claims and reputational damage. In serious cases, tolerating such behaviour may even lead to criminal liability under the Polish Penal Code.