No. 07-00-396/2016-02   Date: 15/10/2016

OPINION

The Opinion has been issued in the proceeding acted upon the complaint filed by A. Ć. against “P. I.” d.o.o. from B. for discrimination on grounds of gender. The complaint states that, on 12 July 2016, the complainant applied to a job advertisement of “P. I.” d.o.o. from B. published on the website of the National Employment Agency, for a position “administrative worker (M/F)”, and he received a reply on the same day that “the company is looking solely for a female candidate”, therefore he was informed that his application would not be taken into consideration because of his gender. The statement notes that, beside numerous male and female candidates, they accepted a male person, that the situation because of which A. Ć. has filed a complaint occurred „only due to a misunderstanding and language barrier“, and that their intention of demanding only female candidates was to increase the number of employees of the less prominent gender. During the proceedings, it was determined that the job advertisement for an “administrative worker (M/F)” in the stated company was published on the website of the National Employment Agency, that the complainant applied to the job advertisement, but that he twice received a reply via electronic mail that they were looking “solely for a female candidate”, “a female secretary”, and that they apologize for not being able to reply to his application. The Commissioner for the Protection of Equality issued an opinion that the company “P. I.” d.o.o. from B. violated the provisions of the Law on the Prohibition of Discrimination and committed indirect discrimination on grounds of gender, in the area of work and employment, when they replied that they would not take into consideration A. Ć.’s application to the job advertisement for “administrative worker (M/F)”, because they were “looking solely for a female candidate”. The company “P. I.” d.o.o. from B. is recommended to ensure equal treatment of persons applying for a job in a future employment processes, regardless of their gender or any other personal characteristic, to put the opinion and recommendation of the Commissioner for the Protection of Equality on a notice board or any other prominent place in the offices of “P. I.” d.o.o. from B., and not to violate anti-discriminatory regulations when performing work within their competence.

Commissioner for the Protection of Equality

Brankica Janković

Complaint filed by A.Ć. against P.I. for discrimination on grounds of gender in area of work and employment