Exceptions

• Author: Kogovsek Salamon, Neza
• Pages: 47-57

47

4 EXCEPTIONS

4.1 Genuine and determining occupational requirements (A rticle 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 g ender, ethnicity, race or ethnic

origin, languag e, religion or belief, disability, age, sexual orientation, gender identity or

gender expressi on, 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 an d determining occupational

requirement, provided that the objective is legitimate and the requirement is

appropriate, necessary and proportionate.

The exception for genuine and determinin g occupational requirements is also referred to

in the Employment R elationship 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 requirement s.

4.2 Employers 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 bas ed 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 legitima te

and justified occupational requirement, having regard to the organisation’s ethos. The

same provision is includ ed in Article 3(3) of the Religious Freedom Act. The provision

complies with the directive.

Specific mention of only the g round of religion or belief implies that discrimination on

other grounds is n ot allowed. However, this is not specifically clarified in law and there i s

as yet no case law on this matter.

− Religious institutions affecting employment in state-funded ent ities

In Slovenia, religious institutions are generally not permitted to select people (on the

basis of their religion) to be hired for or dismissed from a job when the job i s in a state

entity, o r in an entity financed by th e stat e. There are two exceptions to this rule. The

first exception is the role of mi litary chaplain, who is a state official employed to provide

religious ( Catholic and Protestan t) services to the armed forces. The chaplain is

nominated by the Slovenian Bishops’ Conference in accordance with the agreement