No. 07-00-466/2021-02 date: 7.2. 2021.

OPINION

The opinion was issued in the proceedings regarding the complaint of A.A. against B.B., acting director of the elementary school “C.C.” MJ due to discrimination based on health conditions. The complaint states, among other things, that the complainant is employed as a teacher of Serbian language and literature at the elementary school “C.C.” in MJ. It is further stated that by issuing the Decision which revoked the Decision which allows the employee to perform work outside the premises of the employer’s headquarters, the complainant was discriminated against on the basis of health condition because he was not allowed to continue working from home. The statement of the acting director, among other things, states that the decision referred to by the complainant was made on the basis of the Decision of the Team of the Ministry of Education, Science and Technological Development for monitoring and coordinating the application of preventive measures in the work of schools, which stipulates that, in the school year 2021/2022, schools in the Republic of Serbia are to start with educational activities following the first model of organization of educational work, as well as the Assessment of the epidemiological situation carried out by the Institute of Public Health of Serbia “Dr. Milan Jovanović-Batut” from Belgrade. Consequently, employees were returned to work at the employer’s premises. It was added that the employee’s file did not contain any evidence of a doctor’s finding, opinion or confirmation that would indicate that it is necessary to take into account the employee’s health condition when making a decision. Reviewing the evidence, the Commissioner determined that the complainant had filed a complaint with the School Board no. 438 of September 20, 2021, in which he submitted the report of the specialist doctor no. 2243/2021 of October 5, 2021, where his diagnosis was determined, and that the decision of the acting director was passed on September 1, 2021. Having in mind the presented evidence, the Commissioner accepted the statement of the acting director that at the time of the decision she had no knowledge, i.e. findings of a doctor, which would indicate that the health condition of the complainant is such that it is necessary to enable the employee to work outside the premises of the employer. Namely, the medical report that would indicate a certain health condition was not in the employee’s file, nor was it submitted by the complainant, but it was submitted only with an appeal against the decision to the School Board. Based on a comprehensive analysis of the complaint, statement and evidence submitted, it can be concluded that A.A. did not inform the employer in the prescribed manner about his health condition before the decision no. 368 of September 1, 2021 and the organization of work at the school. The Commissioner for the Protection of Equality gave the opinion that B.B., acting director of the Elementary School “C.C.” MJ, did not discriminate against A.A. on the basis of his health condition when she issued Decision no. 368 of September 1, 2021, i.e. did not violate the provisions of the Law on Prohibition of Discrimination.

COMMISSIONER FOR THE PROTECTION OF EQUALITY

Brankica Janković