OPINION

The opinion was issued in the proceedings regarding the complaint of AA against Dr. BB, Head of the Anesthesia and Reanimation Department, due to discrimination based on health status. The complaint states that AA is employed as an anesthetist in the Anesthesia and Reanimation Department of the Health Center … After being hospitalized for pneumonia, he was referred for further treatment at the infectious disease clinic in Niš, due to HIV infection. During the treatment, he found out that the Head of the Department where he is employed, Dr. BB, informed his colleagues about his HIV status during a morning meeting and sent a letter to the Director of the HC … whom he also informed about his health condition and asked for an evaluation of his work capacity. Such behavior, according to further allegations, led to stigmatization of the complainant in the workplace. In his statement on the allegations in the complaint, Dr. BB did not dispute that at an informal meeting he informed colleagues from the Department about the health status of the complainant and that he sent a letter to the Director. He states that he obtained the information from colleagues who participated in his treatment and that he had access to medical documentation. He believes that his action is justified and that he acted in this way so that the health condition of the complainant would not deteriorate, as well as due to the risk to the working environment. During the procedure, the Commissioner for the Protection of Equality determined that Dr. BB publicly disclosed sensitive personal information about AA, without his permission, while he was undergoing treatment, which caused fear in the complainant, and created a hostile, humiliating and offensive atmosphere in his workplace. Therefore, the Commissioner for the Protection of Equality determined that by his actions, Dr. BB violated the provisions of Article 12 in connection with Article 27 of the Law on Prohibition of Discrimination. The Commissioner recommended Dr. BB to take all necessary measures in order to implement training for employees in the Anesthesia and Reanimation Department of the Health Center…, on the prohibition of discrimination against people living with HIV and the effects of modern antiviral therapy, to send a written apology to AA for publicly disclosing information about his health condition, as well as to take all necessary measures, as the Head of the Anesthesia and Reanimation Department of the Health Center …, to eliminate the consequences of the act of discrimination, in order to create an environment in the workplace in which the dignity of AA will be respected.

COMMISSIONER FOR THE PROTECTION OF EQUALITY

Brankica Janković