If a candidate is recruited solely on the basis of his or her skin colour, or if another candidate is not recruited solely on the basis of his or her skin colour, then this is discrimination. Such behaviour is unacceptable.
If the employer has several candidates to choose from, the employer must employ the best of the candidates. The employer must not exclude anyone solely due to their skin colour, or prefer anyone solely due to their skin colour.
Therefore, if a candidate with any skin colour is recruited because he or she is a higher-ranking worker than someone with another skin colour (for example, he or she has better education, more experience, more skills, more motivation), there is no discrimination. If, however, a candidate is recruited solely on the basis of his or her skin colour and, at the same time, a higher-ranking candidate is not recruited simply because his or her skin colour is different, 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.
