Modified: 08.02.2007.
Earlier versions:
Archived on 08.02.2007.

About the Authority

The Equal Treatment Authority was established by Act CXXV of 2003 on equal treatment and the promotion of equal opportunities as set in the Government Decree No 362/2004 (XII.26.).

The Authority started its work on the 1st of February 2005. It is an independent organization, which was set up by the Hungarian Government to receive and deal with individual and public complaints about unequal treatment and to implement the principles of equality and non discrimination. The Authority works under the direction of the Minister for Social Affairs and Labor, however neither the government nor the Ministry may instruct the Authority when it performs its tasks under the Equal Treatment Act. This provision intends to guarantee the Authority’s independence from the Government.

The Authority is led by the President appointed by the Prime Minister.

The Equal Treatment Act required the setting up of an Advisory Body to assist the Authority in issues of strategic importance.

The Board consists of experts with outstanding experience in asserting the right of equal treatment. The 6-member Board was appointed by the Prime Minister after an extensive consultation process, in the course of which NGOs nominated the 24 candidates. The members are well known in professional circles as truly independent experts in this field.

The Board has co-decision powers with the Authority on the adoption of proposals for Government decisions and draft legislation relating to equal treatment and on reporting in general.

The Authority consists of 15 members including the President, Vice President, the Heads of the Law, the Administrative and Finance departments.

The staff consists of lawyers and experts of EU affairs.

What are the tasks of the Authority?

It reviews the complaints it receives to see if the principle of equal treatment has been violated on the following grounds:

• sex
• racial origin
• color
• nationality
• national or ethnic origin
• mother tongue
• disability
• state of health
• religious or ideological conviction
• political or other opinion
• family status
• motherhood (pregnancy) or fatherhood
• sexual orientation
• sexual identity
• age
• social origin
• financial status
• the part- time nature or definite term of the employment relationship or other relationship related to employment
• the membership of an organization representing employees interests
• other status, attribute or characteristic (hereinafter collectively: characteristics)

The Authority also reviews the complaints it receives to see if those budgetary organs and legal entities in state majority ownership employing more than fifty employees obliged to adopt an equal opportunities plan have done so.

The Authority deals with:

- Direct discrimination - based on the above mentioned grounds - occurs when one person or a group is treated less favourably than another is, has been or would be treated in a comparable situation.

- Indirect discrimination occurs, when provisions that are not considered direct negative discrimination and so apparently comply with the principle of equal treatment put or would put any persons or groups having the characteristics mentioned above at a considerably larger disadvantage compared with other people or groups in a similar situation.

- Harassment is a conduct violating human dignity related to the relevant person’s characteristic defined above with the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive environment around a particular person.

- Unlawful segregation is a conduct that separates individuals or groups of individuals from others on the basis of their characteristics mentioned above without the explicit permission of a legal act.

- Sexual harassment is an offensive verbal or physical conduct of sexual nature, towards a person with whom there are work, business or other relations of subordination.

- Retribution is a conduct that causes infringement, is aimed at infringement, or threatens with infringement, against the person making a complaint or initiating procedures because of a breach of the principle of equal treatment, or against a person assisting in such a procedure, in relation to the Equal Treatment Act.

The provisions of the law on equal treatment shall not apply to family and private life and relationships directly connected with the activities of the religious life of the Churches, relationships of parties except for the political or other opinion, relationships between the members of legal entities and organizations without a legal entity, relationship related to membership, except for the establishment of membership.

What kind of acts of an employer shall be deemed discriminatory?

The employer is expected to comply with the principle of equal treatment in the following cases:

a) access to employment, especially in public vacancy advertisements, hiring, and in the conditions of employment,

b) in case of employment equal pay shall be provided for equal work

c) in organizing work or public service, the same conditions shall be created at work service, qualification or vocational training, retraining, and work experience for each employee or civil servant

d) provisions made before the employment or other relationship related to employment

e) no retribution shall be shown against those who lodged complaints for discrimination.

The behaviors regarded as violation of equal treatment in educational institutions

• unlawful segregation of the students in the institution or class,
• establishing an institution with a lower level than the average requirements,
• at admission different requirements are demanded at a certain group of students and different conditions are provided for them

What acts are considered violations of the principle of equal treatment at selling goods or services?

• if a person of defended characteristics is denied the service in a public place of catering, entertainment, cultural or sport institutions
• if the quality of the service is lower than expected,
• a notice or sign implying that a certain group or individuals with defended characteristics are excluded from the provision of services or sale of goods

The burden of proof

• The injured party or their representative has to prove the likelihood of that:

  - the injured person or group has suffered disadvantage or the immediate risk of this exists, and

  - the injured person or group possesses a protected characteristic defined in the Equal Treatment Act.

• If the injured party has sufficiently evidenced the above circumstances, the respondent has to prove that:

  - the circumstances proved likely by the injured party do not exist, or

  - it has observed or in respect to the relevant relationship was not obliged to observe the principle of equal treatment.

The decisions of the Authority

If the Authority has established that the principles of equal treatment have been violated, it may

• order that the situation constituting the violation of law shall be eliminated

• prohibit the continuation of the violation of law
• publish its decision establishing the violation of law
• impose a fine from fifty thousand to six million HUF (cca. 23000 Euros)

Damage can only be awarded by the court. To get compensation the victim has to sue the violator at court.

Some statistics

In 2006 the Equal Treatment Authority received more than 800 complaints, the majority of which referred to ethnic discrimination cases. The principle of equal treatment was most frequently infringed in the field of employment. The Authority has established the violation of equal treatment in 27 cases, whereof in 10 cases a fine was imposed on the violating party. The parties reached an agreement or friendly settlement with the help of the Authority in 13 cases. In more than 200 cases no discrimination was established or the Authority dissolved the proceedings, partly because the clients withdrew the complaints, partly because simultaneously with the Authority's procedure the case was at court on the same ground. In the remaining cases the Authority gave written advice to the clients via e-mail or post.

Access to the Authority

Each natural or legal person has the right to lodge a complaint to the Equal Treatment Authority about the violation of equal rights.

The complaints can be lodged in writing, sent by post, fax, e-mail or brought personally into the Office.