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PERSONAL GROUNDS OF DISCRIMINATION

Mojca is a woman, she is 58 years old, and she is Slovenian.

Being a woman is her personal ground of gender. Her 58 years is her personal ground of age. The fact that she is Slovenian is her personal ground of nationality.

In addition to gender, age and nationality, personal grounds include race or ethnic origin, language, religion or belief, disability, sexual orientation, gender identity and gender expression, pregnancy, parenthood, social status, property status and other similar personal grounds that are inextricably linked to a person or their identity.

In order to talk about discrimination, it is necessary that a person is subject to worse treatment, precisely because of their personal grounds. For example only because they are a man or a woman (personal ground of gender), because they are of a certain nationality (personal ground of nationality), because they have a different colour of skin than the majority in a certain environment (personal ground of race or ethnic origin), because they do not know the language of a certain environment (personal ground of language), because they are a Christian, a Muslim or a member of another religion (personal ground of religion or belief), because they have certain disabilities (personal ground of disability), because of their age (personal ground of age), because they fall in love with persons of the same sex (personal ground of sexual orientation), because despite the physical characteristics attributed to the male or female sex, their behaviour is more similar to the behaviour attributed to the other sex (personal ground of gender identity and gender expression), because they are homeless (personal ground of social status), because they are poor (personal ground of property status), because they have a certain education (personal ground of education) or due to pregnancy, parenting, and the like.

By clicking on a particular personal ground, you can learn about specific cases of discrimination based on this personal ground:

Discrimination can be discussed when the less favourable treatment is based on particular personal grounds of the individual. These are congenital or acquired personal traits, characteristics, conditions, or statuses, which are, by and large, permanently and inextricably linked to a particular individual and their personality, in particular their identity, or can not easily be altered by the individual. Gender is also considered a personal ground under the law.

  • Example: Katarina was not appointed to the position, although she obtained a higher score at the interview than the selected candidate, who is a man. The employer based its decision on stereotypical assumptions about the ability of women to perform work.

Discrimination can be discussed when the less favourable or unequal treatment is based on particular personal grounds of the individual. These are congenital or acquired personal traits, characteristics, conditions, or statuses, which are, by and large, permanently and inextricably linked to a particular individual and their personality, in particular their identity, or can not easily be altered by the individual. Nationality is also considered a personal ground under the law.

  • Example:After visiting the apartment for rent, the family wanted to arrange a rental, but the owner of the apartment refused, as he did not want to rent the apartment to foreigners.

Discrimination can be discussed when the less favourable or unequal treatment is based on particular personal grounds of the individual. These are congenital or acquired personal traits, characteristics, conditions, or statuses, which are, by and large, permanently and inextricably linked to a particular individual and their personality, in particular their identity, or can not easily be altered by the individual. Race and ethnic origin are also considered as personal grounds under the law.

  • Example: A waiter refuses to serve a guest because of the colour of their skin.

Discrimination can be discussed when the less favourable or unequal treatment is based on particular personal grounds of the individual. These are congenital or acquired personal traits, characteristics, conditions, or statuses, which are, by and large, permanently and inextricably linked to a particular individual and their personality, in particular their identity, or can not easily be altered by the individual. Language is also considered a personal ground under the law.

  • Example:A new job opens up in the company with a higher salary and better working hours. A worker who is not of Slovenian descent, but speaks Slovenian, applies for the position. Although this worker speaks Slovenian, their superior informs them that they will not be invited to the interview due to the Bosnian accent they have when speaking Slovenian. Another employee, who is Slovenian, is invited for the interview.

Discrimination can be discussed when the less favourable or unequal treatment is based on particular personal grounds of the individual. These are congenital or acquired personal traits, characteristics, conditions, or statuses, which are, by and large, permanently and inextricably linked to a particular individual and their personality, in particular their identity, or can not easily be altered by the individual. Religion and belief are also considered as personal ground under the law.

  • Example: In a manufacturing company, candidates for a new position are asked questions regarding their religious affiliation. Atheists or individuals who do not have the same religious affiliation as the business owner are excluded as unsuitable candidates, based on the employer’s conclusion that they lack certain values.

Discrimination can be discussed when the less favourable or unequal treatment is based on particular personal grounds of the individual. These are congenital or acquired personal traits, characteristics, conditions, or statuses, which are, by and large, permanently and inextricably linked to a particular individual and their personality, in particular their identity, or can not easily be altered by the individual. Disability is also considered a personal ground under the law.

  • Example:An individual in a wheelchair is prevented from entering a store due to physical barriers (stairs).

Discrimination can be discussed when the less favourable or unequal treatment is based on particular personal grounds of the individual. These are congenital or acquired personal traits, characteristics, conditions, or statuses, which are, by and large, permanently and inextricably linked to a particular individual and their personality, in particular their identity, or can not easily be altered by the individual. Age is also considered a personal ground under the law.

  • Example: Although a 50-year-old job seeker is the best candidate for a job, they are not selected for the job because the employer thinks they are too old and would not fit well into the company of other employees who are younger.

SEXUAL ORIENTATION

When speaking of discrimination, it is essential that unequal, less favourable treatment is based on a particular personal ground of the individual. These could be congenital or acquired personal traits, characteristics, conditions, or statuses that are, for the most part, permanently and inextricably linked to a specific individual and their personality, particularly their identity, or that the individual cannot easily change. Sexual orientation is also considered a personal ground under the law.

  • Example: A restaurant owner refuses to serve a same-sex couple. They request the couple to leave the restaurant, as the presence of a same-sex couple makes other clients feel uncomfortable.

Discrimination can be discussed when the less favourable or unequal treatment is based on particular personal grounds of the individual. These are congenital or acquired personal traits, characteristics, conditions, or statuses, which are, by and large, permanently and inextricably linked to a particular individual and their personality, in particular their identity, or can not easily be altered by the individual. Gender identity is also considered a personal ground under the law.

  • Example:Workers constantly expose their colleague to offensive comments because of their gender identity. Namely, they are a person who does not identify with any gender identity and feels a complete absence of their own gender identity. Despite the victim’ s complaints, the employer does not implement adequate measures to prevent harassment.

Discrimination can be discussed when the less favourable or unequal treatment is based on particular personal grounds of the individual. These are congenital or acquired personal traits, characteristics, conditions, or statuses, which are, by and large, permanently and inextricably linked to a particular individual and their personality, in particular their identity, or can not easily be altered by the individual. Gender expression is also considered a personal ground under the law.

  • Example: At the job interview, the candidate who scored the highest number of points and was rated the best was not selected, as he came to the interview wearing makeup and with painted nails.

Discrimination can be discussed when the less favourable or unequal treatment is based on particular personal grounds of the individual. These are congenital or acquired personal traits, characteristics, conditions, or statuses, which are, by and large, permanently and inextricably linked to a particular individual and their personality, in particular their identity, or can not easily be altered by the individual. Social status is also considered a personal ground under the law.

  • Example: A homeless person goes to a restaurant for dinner. Before placing an order, the owner of the restaurant approaches them, demanding that they be removed immediately, as such persons are not welcome in their restaurant.

Discrimination can be discussed when the less favourable or unequal treatment is based on particular personal grounds of the individual. These are congenital or acquired personal traits, characteristics, conditions, or statuses, which are, by and large, permanently and inextricably linked to a particular individual and their personality, in particular their identity, or can not easily be altered by the individual. Social status is also considered a personal ground under the law.

  • Example: An elderly retired couple is prevented from entering a luxury vehicle dealership, as the seller estimates that with a modest pension, the couple could not afford a new vehicle.

Discrimination can be discussed when the less favourable or unequal treatment is based on particular personal grounds of the individual. These are congenital or acquired personal traits, characteristics, conditions, or statuses, which are, by and large, permanently and inextricably linked to a particular individual and their personality, in particular their identity, or can not easily be altered by the individual. Education is also considered a personal ground under the law.

  • Example: Although an employee has the same level of education as others in the company, he is often ridiculed by the collective because he finished a higher education at a faculty which belongs among the “easier” faculties in the view of his colleagues. Despite the same level of education and performing the same type of work, his salary is lower than the salaries of other colleagues.

The Protection against Discrimination Act explicitly lists certain personal grounds (gender, nationality, race, age, disability, etc.), and at the same time stipulates that discrimination may also occur due to any other ground that the Advocate considers to be perceivable as a personal ground. Therefore, the set of personal grounds on the basis of which discrimination may occur is not closed.

Personal grounds that are not expressly listed by the law are, for example, pregnancy and parenthood.

In Slovenia, these two personal grounds are often the grounds for discrimination in the field of employment and work. This is confirmed, among other things, by the review of the judgments of the Slovenian courts, which the Advocate conducted for the purpose of monitoring discrimination in Slovenia.

Example: A pregnant woman proves to be the best candidate for a job vacancy. However, the company then annuls the vacancy to prevent selecting her.

If you need further information, clarification or advice, please call the toll-free number 080 81 80. We are available every day from 10 to 12 am on Wednesdays also from 3 to 6 pm. Alternatively, you can write to us at gp@zagovornik-rs.si.

If you are subject to unequal treatment without a justifiable reason, only because of a particular personal ground, and the controversial conduct hinders or deprives you of various rights and everyday opportunities, you can submit a complaint.

You can also ask us for advice: write to us (by e-mail) or call us on the toll-free number 080 81 80 (available only from Slovenia).