No. 07-00-153/2015-02 date: 15 June 2015

OPINION

The opinion was issued in the procedure following a complaint filed by А. I. from K. against company “L. L. H.” d.o.o. B, due to discrimination on the grounds of the marital status at the time of employment. In the complaint was stated that А. I. responded to an ad published by company “L. L. H.” d.о.о. B for the post of a sale professional – presenter and that, during the job interview, he was asked inappropriate questions about his marital status, and that he did not get the job after he refused to answer this question. In a declaration, “L. L. H.” d.о.о. B. stated that the question about the marital status of candidates is essential due to the nature of work the seller performs in this company, particularly due to frequent travels and absence from home, and that marital status information does not affect the process of making a decision on the selection of a candidate. During the procedure the employer did not provide facts and evidence confirming that there was an objective and reasonable justification of why candidates were required to declare their marital status, that is, facts and evidence that provide sufficient grounds to conclude that A.I. was not treated more unfavourably because he did not declare his marital status. The Commissioner for the Protection of Equality issued an opinion that, by asking the question about the marital status in a job interview, company “L. L. H.” d.о.о. B. committed an act of marital status discrimination in the field of employment and labour. A recommendation was issued to company “L. L. H.” d.о.о. to send a written apology to А. I. for discriminatory treatment during the job interview and not to repeat the act of discrimination in interviews with job candidates in the course of its activities, as well as to publish the opinion and recommendation of the Commissioner for the Protection of Equality on a notice board or other prominent place in company’s premises.