no . 07-00-94/2023-02 date: 19.5.2023                

OPINION

The opinion was issued in the proceedings regarding the complaint AA filed against the BB Health Center due to discrimination on the basis of age. During the proceedings, it was established that the Rulebook on professional development of employees in the Health Center BB no. …, which was adopted on … 2022 at the session of the Board of Directors of the BB Health Center, prescribes special conditions on the basis of which candidates for specialization are selected, namely: age; years of employment; average grade at university; length of study; grade in the subject and field for which the candidate applied. The rulebook stipulates that, based on age, 15 points can be obtained (up to the age of 30); 10 points (up to the age of 40); 5 points (up to the age of 50). The analysis of the criteria showed that candidates who are over 40 years of age are scored with a lower number of points compared to younger candidates, which can result in the outcome that younger candidates with the same professional competences have a higher number of points and are in a higher place in the ranking list just because of their age. Also, by analyzing the prescribed criteria, it was determined that the criterion related to the candidate’s age is the only criterion that is not related to the candidate’s professional abilities, experience, expertise and success in work. By prescribing the conditions related to different scoring in relation to age, candidates who are over 40 years of age are placed in an unequal position compared to candidates who are less than 40 years of age, because regardless of their professional qualifications, they will receive a lower number of points based on age. Bearing in mind the goal and consequences of this method of scoring, the Commissioner is of the opinion that age is neither a real nor a decisive condition for referral to specialization, taking into account both the nature and specifics under which specialist training is acquired, as well as the conditions under which it is carried out. The Commissioner for the protection of equality issued the opinion that the Health Center BB violated the provisions of Article 8 in connection with Article 23 of the Law on Prohibition of Discrimination. Given the fact that it is within the competence of the Health Center, i.e. its bodies, to adopt the Rulebook on the professional development of employees, the Commissioner recommended this health institution to take all necessary measures so that the Management Board of the BB Health Center harmonizes the text of the Rulebook on the professional development of employees in the BB Health Center with anti-discrimination regulations with regard to the criteria for referral to specialization related to the age of the candidates, and to publish the anonymized opinion and recommendation of the Commissioner on the bulletin board or other visible place in the premises of the BB Health Center, as well as not to violate the legal regulations on the prohibition of discrimination in the future.

COMMISSIONER FOR THE PROTECTION OF EQUALITY

Brankica Janković