If you believe you were treated less favourably because of your sex, age, ethnic origin, disability or another characteristic, you have two routes: a complaint to the Commission for Protection against Discrimination or a court case. We explain how they differ and how to choose.
In brief
- The law prohibits direct and indirect discrimination on the grounds it lists, and harassment, sexual harassment and victimisation also count as discrimination (Arts 4 and 5 of the Protection against Discrimination Act).
- The Commission for Protection against Discrimination finds the infringement, imposes fines and issues binding instructions, but does not award compensation. Compensation is claimed in court (Arts 65, 71 and 74 of the Act).
- The Commission does not open proceedings once three years have passed since the infringement, or if a court case on the same dispute has already been brought (Art. 52 of the Act).
- You do not have to prove everything: once you present facts from which discrimination may be presumed, the other side must prove that equal treatment was not breached (Art. 9). No court fees are charged in court cases under the Act (Art. 75(2)).
The Protection against Discrimination Act applies in almost every area of life: at work and in recruitment, in education, in access to goods and services, in renting a home and in dealings with public authorities. This guide explains what counts as discrimination, the two ways to protect yourself and how to prepare your case.
What discrimination is
Any direct or indirect discrimination is prohibited on grounds of sex, race, nationality, ethnic origin, human genome, citizenship, origin, religion or belief, education, convictions, political affiliation, personal or social status, disability, age, sexual orientation, marital status, property status, or any other ground set out in law or in an international treaty to which Bulgaria is party (Art. 4(1) of the Act).
- Direct discrimination occurs where a person is treated less favourably on such a ground than another person in a comparable situation (Art. 4(2)). Example: of two equally qualified applicants, the older one is turned down because of age.
- Indirect discrimination occurs where an apparently neutral rule puts a particular group at a particular disadvantage, unless it is objectively justified and the means are appropriate and necessary (Art. 4(3)).
- Harassment, sexual harassment, incitement to discrimination, victimisation, racial segregation and a built environment that hinders access to public places for people with disabilities also count as discrimination (Art. 5).
An employer that receives a complaint from an employee about harassment at work must immediately investigate, take steps to stop it and pursue disciplinary action against the harasser (Art. 17). So if you are being harassed, first make a written complaint to your employer and keep a copy.
Two routes: the Commission or the court
You can file a complaint with the Commission for Protection against Discrimination or bring a claim in the district court. The two routes are not used at the same time for the same dispute: the Commission does not open proceedings where a court case on the same dispute is already pending (Art. 52(2)).
A complaint to the Commission
The complaint is made in writing. If it is in a foreign language, it must be accompanied by a Bulgarian translation (Art. 51(1)). It should give your name and address, a description of what happened, what you are asking the Commission to do, the date and your signature (Art. 51(2)). Anonymous complaints are not considered (Art. 51(3)). The Commission does not open, and closes any pending, proceedings if three years have passed since the infringement (Art. 52(1)).
The Commission may request documents and explanations and question witnesses (Art. 56). Its decision establishes whether there was an infringement, who committed it and who was affected, sets the penalty and applies enforcement measures (Art. 65). Discrimination is punishable by a fine of EUR 500 to 2,000 (Art. 78(1)). Separately, a legal entity that fails to meet an obligation under the Act faces a financial penalty of EUR 500 to 5,000 (Art. 80(2)). The Commission may also give binding instructions to an employer or suspend a discriminatory decision of the employer (Art. 76(1)).
The Commission's decisions can be appealed to the administrative court within 14 days of notification (Art. 68(1)). The Commission does not, however, award compensation. If you have suffered loss, once it has found the infringement you can claim compensation through the ordinary courts (Art. 74(1)).
A court case
Instead of complaining to the Commission, you can bring a claim in the district court asking for (Art. 71(1)):
- a finding of the infringement;
- an order requiring the infringer to stop the infringement, restore the previous position and refrain from further infringements;
- compensation for loss, including non-pecuniary loss such as humiliation and distress.
No court fees are charged in court proceedings under the Act, and the costs are borne by the court's budget (Art. 75(2)). Trade unions and public-benefit non-profit organisations may bring a claim on your behalf at your request, or join the case (Art. 71(2)).
Where the loss was caused by unlawful acts, actions or omissions of public authorities and officials, the compensation claim is brought under the State and Municipalities Liability for Damage Act (Art. 74(2)).
The burden of proof
The most important rule in these cases is the shared burden of proof. Once you present facts from which discrimination may be presumed, the other side must prove that the principle of equal treatment was not breached (Art. 9). You do not have to prove the employer's or the business's intention. You do have to show specific facts: a comparison with others in a similar situation, statements made, a timeline of events.
Discrimination and dismissal
If you were dismissed because of a protected characteristic, you can challenge the dismissal under the Labour Code within two months of the end of your employment and ask for annulment, reinstatement and compensation. You can also claim compensation for non-pecuniary loss caused by the discrimination, in the same or in separate proceedings depending on the case. Do not let the two-month period run out while you wait for a decision of the Commission. See our guide on unlawful dismissal for more.
How to choose
- Choose the Commission if you want the infringement established at no cost and without a court case, the infringer penalised and instructions issued, for example requiring an employer to change its rules.
- Choose the court if you are seeking compensation or want the infringement established with the force of a final judgment.
- If you were dismissed, the employment case in court is usually the most direct route.
You believe you were discriminated against: a short checklist
- Write down what happened, when, who was present and what was said.
- Keep emails, messages, job advertisements, orders, appraisals and other documents.
- Find a comparator: how others in a similar situation without your characteristic were treated.
- If it is harassment at work, make a written complaint to your employer and keep a copy.
- Ask witnesses whether they would describe what they saw.
- Watch the time limits: three years for a complaint to the Commission, two months to challenge a dismissal.
- Discuss with a lawyer whether to complain to the Commission or go to court.
How we can help
We help people who believe they have been discriminated against choose the right route and gather the evidence.
- We assess whether the case is discrimination under the law
- We choose between a complaint to the Commission and a court claim
- We draft the complaint or claim and the list of evidence
- We represent you before the Commission and in court