No. 07-00-484/2017-02 Date: 22 June 2018

OPINION

The opinion was passed in the procedure following a complaint submitted by C. „Ž. u.“ from N. S on behalf of and with the consent of M. O. against the Commission for the assessment of working ability and employment opportunities or keeping employment of persons with disabilities that had a meeting on 21 October 2015 in the Center for Professional Rehabilitation and Employment for the South Bačka District of the National Employment Service in Novi Sad. In the complaint was stated that the members of the Commission, during the assessment of the working ability of М. О. asked her humiliating and offensive questions (for example: “Why did they send her to me, is this a Center for Social Work?“, “Why has not she done an IQ test?“, “Are your parents still alive? Why are you looking for a job when you can inherit their pension?“, “Do you know when you need to go to the toilet? When will you pee?“, “What school did you go to, is it a school for persons with special needs? […] Ah, that’s the intensive one…!“, “What would you like to do here and where?“), and that the Chairperson of the Commission was mainly addressing the personal assistant of M. О, during the assessment of the working ability, despite assistant’s reply that she could not provide answers to the questions that concerned М. personally. During the procedure, the Commissioner for the Protection of Equality obtained a statement from witness B. J. who, as the personal assistant of М. О, was present during the assessment of the working ability of M.O. In her statement, the witness supported allegations from the complaint referring to the attitude and relation of the Commission members towards М. О. Following this, the Commissioner for the Protection of Equality obtained information from the Pension and Disability Insurance Fund of the Republic of Serbia that the assessment of the working ability and employment opportunity or keeping employment of persons with disabilities was conducted by the Commission of an expert body of the Pension and Disability Insurance Fund of the Republic of Serbia composed of Dr R. B, Chairperson of the Commission, and Dr М. G. – К, M. B. and V. Ј, Commission members, in the Center for Professional Rehabilitation and Employment for the South Bačka District of the National Employment Service in Novi Sad, on 21 October 2015. In the statement of the Chairperson and members of the Commission was disputed that their treatment was insulting and humiliating during the assessment of the working ability of М. О, that is, that they insulted the dignity of M. О. However, none of the statements contained evidence that supported these allegations, nor were specific allegations from the statement disputed that М. О. was ignored for the most part of the assessment of her working ability. The Commissioner for the Protection of Equality adopted an opinion that the Commission of an expert body of the Pension and Disability Insurance Fund of the Republic of Serbia composed of Dr R. B, Chairperson of the Commission, and Dr М. G. – К, M. B. and V. Ј, Commission members, who, on 21 October 2015, conducted the assessment of the working ability of М. О, violated provisions of Article 12 of the Law on the Prohibition of Discrimination and Article 11 of the Law on the Prohibition of Discrimination against Persons with Disabilities. For this reason, a recommendation was issued to Dr. R. B, Dr М. G. – К, М. B. and V. Ј. to send a written apology to М. О. for hurting her personality and dignity in the assessment of the working ability on 21 October 2015, and not to violate legal regulations on the prohibition of discrimination in the course of performing their regular operations and activities.