Application for the investigation of discrimination

Kulcsszavak: discrimination, Equal Treatment Act, segregation, harassment, retaliation, equal opportunities, accessibility

Any person discriminated against on the basis of their protected characteristics (e.g. age, gender, disability, religion, nationality), may submit an application to the Commissioner for Fundamental Rights.

The application may be submitted:

• In person during office hours after making an appointment by phone (+36 1 475-7100; +36 1 475-7129) at the Customer Services Offices of the Commissioner for Fundamental Rights (1055 Budapest, Falk Miksa utca 9-11.), recorded as minutes.

• In writing (hard-copy format), signed and mailed to the Office of the Commissioner for Fundamental Rights, Directorate-General for Equal Treatment (1387 Budapest, Pf. 40.).

• By electronic means as set out in Act CCXXII of 2015 on the General Rules of Electronic Administration and Trust Services (‘Electronic Administration Act’), on e-Paper (a Client Gateway account is required to use electronic services).

Administrative proceedings may not be initiated by applications submitted by email.

The application shall include the following:

• name and residential address (mailing address) of the applicant,
• name and address of the entity or person complained about (causing discrimination),
• date when the discrimination occurred,
• an exact description of the measure or behaviour being contested, including a detailed description of the circumstances and the submission of the (available) supporting documents,
• the basis of the discrimination (which protected characteristic),
• whether you have brought proceedings in the case before a court or another authority,
• in case of an application submitted in hard-copy form, the applicant’s signature,
• if proceeding by representation, proof of authorisation to proceed,
• the application for the administrative proceedings, addressed to the Office of the Commissioner for Fundamental Rights, Directorate-General for Equal Treatment.

You may use an interpreter or sign language interpreter in the course of the procedure conducted by the Commissioner for Fundamental Rights. Please note that the application detailed above must specifically include the need for language arrangements and the involvement of a sign language interpreter.

Deadline for the client: the procedure may only be initiated if the breach became known less than 1 year ago, and/or occurred less than 3 years ago.

Deadline for the relevant authority: the procedure will be handled within 75 days of receipt of the application. If the interests of a minor are clearly threatened, this deadline is up to 45 days.

• documentary evidence of the protected characteristic related to the discrimination in question (e.g. maternity records, medical record of health status, union membership card),

• documentary evidence of the actual discrimination (e.g. termination letter, disciplinary decision, payroll, rental agreement).

The Commissioner for Fundamental Rights conducts this procedure free of charge

Office of the Commissioner for Fundamental Rights, Directorate-General for Equal Treatment

If you disagree with the decision made by the Commissioner for Fundamental Rights, you may appeal against the decision by bringing an appeal before the Budapest-Capital Regional Court within 30 days of delivery.

Administrative appeals may also be filed against the Commissioner for Fundamental Rights at the Budapest-Capital Regional Court if the Commissioner fails to provide a reply.

The official language of the procedure is Hungarian. Clients who do not know Hungarian may request that the Commissioner for Fundamental Rights consider their application in their native language or in a pivot language. If the foreign language used by a client is not spoken by the administrator, an interpreter has to be used.

The principle of equal treatment must be upheld also in the field of employment.

Employers may not differentiate between employees based on their protected characteristics.

Most common areas of discrimination include:

• discriminatory job advertisements, employment conditions (e.g. ‘only men should apply’, ‘no applicants over 45’, ‘no Roma are hired’),
• recruitment practices (e.g. no women with minor children or Roma are hired),
• wage-setting practices (e.g. female employees receive lower wages than male employees for the same work, or employees with fixed-term employment contracts have lower hourly wages than employees with permanent employment contracts),
• career system (e.g. it is harder for female, Roma or homosexual employees to make progress in their careers),
• termination of employment (e.g. termination for reasons of pregnancy, illness or trade union membership).

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Act CXI of 2011 on the Commissioner for Fundamental Rights

Act CXXV of 2003 on Equal Treatment and the Promotion of Equal Opportunities

Act CL of 2016 on General Public Administration Procedures

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