No. 1444-19



The opinion was issued in the proceedings regarding the complaint filed by AA against BB, an employee of the Tavern “…”, due to discrimination based on sexual orientation. In the complaint and supplement to the complaint, it is stated, among other things, that the complainant, on October 14, 2019. in the evening, went with her friend VV to the Tavern “…”, knowing that BB, an employee of the tavern, had previously called her a lesbian. On that occasion, in front of the other guests in the tavern, during a verbal discussion, he insulted her and called her a lesbian, and invited her to declare her sexual orientation, in front of the other guests of the tavern, with the statement that “everyone already knows that”. Along with the complaint, AA submitted the statement of the witness VV, who was present during the verbal discussion between the complainant and BB. Since BB did not respond to the allegations in the complaint and supplement to the complaint, the Commissioner for Protection of Equality, in accordance with Article 45, paragraph 2 of the Law on Prohibition of Discrimination, determined the factual situation based on the allegations in the complaint, supplement to the complaint and the attached evidence. With the testimony of the witness VV, all allegations from the complaint were fully confirmed. After the procedure, the Commissioner for the Protection of Equality determined that BB, by inviting the complainant to publicly declare her sexual orientation and calling her a lesbian during the discussion in front of the other guests, violated the provisions of Article 21, Paragraph 1 and Article 12 of the Law on Prohibition of Discrimination. Based on the above, BB was recommended to send a written apology to the complainant and to take care in the future that his behavior does not violate legal regulations on the prohibition of discrimination.


Brankica Janković

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