If a person is not promoted simply because of his or her sexual orientation, there is discrimination. Such behaviour is unacceptable.
If an employer has several employees to choose from in the event of promotion, the employer must promote the best of the candidates. The employer must not exclude anyone solely due to their sexual orientation, or prefer anyone solely due to their sexual orientation.
Therefore, if an employee is promoted because he or she is a higher-ranking worker than another employee with a different sexual orientation (for example, he or she has better education, more experience, more skills, more motivation), there is no discrimination. However, if an employee is promoted simply because of his or her sexual orientation, and at the same time, a higher-ranking candidate with another sexual orientation is not promoted simply because he or she is another sexual orientation, there is discrimination.
If you did not find an answer to your concern, you may contact the Estonian Commissioner for Gender Equality and Equal Treatment in a free format by sending an email to avaldus@volinik.ee. When contacting the Commissioner, the identity of the person shall not be disclosed and, upon request, anonymity shall be guaranteed. You can also contact both the labour dispute committee and the Chancellor of Justice for conciliation procedure.
