Exceptions

AuthorKogovsek Salamon, Neza
Pages47-57
47
4EXCEPTIONS
4.1Genuine and determining occupational requirements (Article 4)
In Slovenia, national legislation provides for an exception for genuine and determining
occupational requirements.
Article 13(2) of the Protection Against Discrimination Act states that difference in
treatment in the area of employment on the grounds of gender, ethnicity, race or ethnic
origin, language, religion or belief, disability, age, sexual orientation, gender identity or
gender expression, social standing, economic situation, education or any other personal
characteristic does not constitute discrimination in cases in which, by reason of the
nature of the particular occupational activities concerned or of the context in which they
are carried out, such a characteristic constitutes a genuine and determining occupational
requirement, provided that the objective is legitimate and the requirement is
appropriate, necessary and proportionate.
The exception for genuine and determining occupational requirements is also referred to
in the Employment Relationship Act. Article 6(5) states that different treatment based on
a personal characteristic does not constitute discrimination if, due to the nature of the
work or the circumstances in which the work is performed, a particular ground represents
a genuine and determining occupational requirement for work, if this requirement is
proportionate and justified with a legitimate goal.
There is no case law yet on genuine and determining occupational requirements.
4.2Employers with an ethos based on religion or belief (Article 4(2) Directive
2000/78)
In Slovenia, national law provides for an exception for employers with an ethos based on
religion or belief.
Article 13(4) of the Protection Against Discrimination Act states that difference in
treatment in the area of employment on the grounds of the religion or belief of the
individual, in the case of occupational activities within churches and other public or
private organisations, the ethos of which is based on religion or belief, shall not
constitute discrimination where, by reason of the nature of these activities or of the
context in which they are carried out, a person’s religion or belief constitutes a legitimate
and justified occupational requirement, having regard to the organisation’s ethos. The
same provision is included in Article 3(3) of the Religious Freedom Act. The provision
complies with the directive.
Specific mention of only the ground of religion or belief implies that discrimination on
other grounds is not allowed. However, this is not specifically clarified in law and there is
as yet no case law on this matter.
Religious institutions affecting employment in state-funded entities
In Slovenia, religious institutions are generally not permitted toselect people (on the
basis of their religion) to be hired for or dismissed from a job when the job is in a state
entity, or in an entity financed by the state. There are two exceptions to this rule. The
first exception is the role of military chaplain, who is a state official employed to provide
religious (Catholic and Protestant) services to the armed forces. The chaplain is
nominated by the Slovenian Bishops’ Conference in accordance with the agreement

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