Oldal 39 [39]
EQUAL RIGHTS BETWEEN SEXES
As these problems have been detailed in the next chapter”! I will simply refer
to these phenomena here, and illustrate the circumstances in which this prob¬
lem occurs with the assistance of legal cases.
Gender discrimination can often be noticed in job advertisements, espe¬
cially in Hungary. It is true that an employer has the right to choose the ap¬
propriate workforce freely, but it cannot set criteria in job advertisements that
are not necessary in performing the required tasks (that discriminate based
on age or gender). However, gender-based discrimination can occur in both
genders, and even the EBA has received complaints regarding discrimination
to the disadvantage of men (see case law EBH/357/2018, EBH/291/2018).” Yet,
women in childbearing age are typically discriminated against; which means
they are either not recruited because they are expecting a child or because
they can be expected to start a family in the near future. This practice is also
in conflict with the law (see Article 33 of the EU Charter of Fundamental
Rights). However, an employer violates the law only if the decision is not based
on objective criteria but on gender. This, however, can be difficult to prove,
and according to social scientists Carli and Eagly, anti-discrimination legisla¬
tion should always be enforced at an institutional level.”
The petitioner turned to the Authority because just a few days after she had
announced her pregnancy, her employer had terminated her indefinite duration
employment contract with immediate effect. The employer justified the termination
by arguing that the petitioner had gone on vacation without the approval of the
managing director. Correspondingly, the petitioner had been absent without leave
and the employer's confidence in her was damaged. The petitioner for her part
stated that according to the prevailing practice it had not been necessary to ask the
managing director to approve vacations. She had discussed her request with her
immediate superior, the store manager.
Based on the above, the Authority found that the employer had failed to verify
and show in accordance with the requirements laid down in Section 19 (2) of the
Ebktv that it had complied with the principle of equal treatment in its treatment
of the petitioner, and that there was no relationship between the petitioner’s
motherhood (pregnancy) and the measures taken by the employer (the termination
of the petitioner’s employment with immediate effect). The aforementioned led
the Authority to the conclusion that the employer had violated the principle of
71 First version: Takacs, I.: Women at the top leadership positions. Obstacles, possibilities and
the chimera of segregation. IJPINT, 2018, 5(1), 74-84.
72 Find law cases here: http://84.206.127.9/hu/jogesetek?field_ev_target_id=50&field_vedett_
tulajdonsag_target_id=All&field_diszkriminacio_terulete_target_id=All&field_diszkriminacio_
tipusa_target_id=All&sort_by=title&sort_order=ASC (accessed 21 May 2022).
73 Eagly-Carli: Women and the Labyrinth.
+ 37 +