Oldal 39 [39]
OCR
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 problem occurs with the assistance of legal cases. Gender discrimination can often be noticed in job advertisements, especially in Hungary. It is true that an employer has the right to choose the appropriate 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 legislation 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 +
