Protected characteristics
Health condition
Field of discrimination
Social security
Type of discrimination
Direct discriminatory
Condemning decision

The petitioner lodged a complaint against a nursing home to the Equal Treatment Authority. He complained, that the nursing home had rejected his application for accomodation because of his disability (visual impairment) and presumed health state (presumed psychiatric illness as he committed suicide 30 years ago).

The Authority found that the request was justified. The Authority concluded, that the petitioner’s application for accomodation, orientation and visit had been successful, until his suicide attempt came to light. The Authority had the impression that the nursing home changed its mind in connection with his accomodation because of his suicide attempt. The Authority stated that a suicide attempt did not mean that the petitioner had a chronic psychiatric illness, and could not be a drawback in point of the accomodation. Neither the current legislative acts contain these kind of regulations.  

On the basis of the above, the Authority found that the subject of the proceeding had violated the requirement of equal treatment and had directly discriminated against the petitioner due to his presumed health state. The Authority prohibited the unlawful conduct for the future and ordered the publication of its final and binding decision for 30 days.