Both the Gender Equality Act and the Equal Treatment Act do not prohibit of require an opposite-gender janitor to enter or work in the dressing and washing room of visitors of other gender.
If ensuring privacy while being nude is a problem for some customers, the requirement to periodically inspect and clean the changing rooms and the duties of the opposite gender janitor must be resolved by organisational measures appropriate to the corporate customer service culture. As an alternative it is possible to use a notification that, for example, 14.00–14.10; 15.00–15.10, etc. is the cleaning time. In this case, the privacy issue would be resolved if those customers who are disturbed by being naked in front of an opposite-gender person can prevent this situation.
It is also possible to raise awareness (the janitor is cleaning, he or she is doing his or her job properly and he or she does not have any other intentions, just as people visit the opposite gender doctor) or allow customers to change clothes in the changing room. Where possible, the employer may assign a male janitor to clean the men’s washing rooms and vice versa (however, it is not allowed to terminate the employment contract with the recruited janitors because of their gender).
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.
