No. The purpose of the recruitment is to find the most suitable new employee. The gender, age, and lack of disability of the employee are not decisive in determining whether the individual is fit for physical work and it should not serve as the basis for decision-making. The position offered may be of interest to a person who could and would be willing to do the job offered, with the appropriate skills and experience, but is unduly dismissed.
In accordance with soolise võrdõiguslikkuse seadus, relying only on the gender of a candidate would be discriminatory in such a situation. Furthermore, the employer must not impose any such conditions on the employee upon recruitment that would place persons of one gender at a disadvantage compared to persons of the other gender. This ban refers to cases of indirect discrimination. For example, recruitment may not be made subject to requirements of height or physical strength not related to the job, as well as uninterrupted work or lack of duty of care.
However, according to the definition of indirect discrimination, it would not be prohibited to impose gender neutral conditions which, while disadvantaging persons of one gender, are relevant and necessary, and which have an objectively justified and legitimate goal.
Occupational health and safety requirements for manual handling of loads have been established by a regulation of the Minister of Social Affairs. Annex to the Regulation “A guide to health risk assessment on manual handling of loads” contains different mass scales to assess the health risk of manual labour for male and female employees. However, it is important to bear in mind that when employing both female and male employees in mobile work, the employer must ensure that the loads to be moved do not exceeded their expected physical abilities.
Võrdse kohtlemise seadus protects people from discrimination on the grounds of age or disability in employment, recruitment and selection criteria, upon concluding a contract of employment or service provision or appointing or selecting them.
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 firstname.lastname@example.org. When contacting the Commissioner, the identity of the person shall not be disclosed and, upon request, anonymity shall be guaranteed.