In order to determine whether someone is equal or unequal to someone (or something to something), there must be at least two persons, groups of persons or factual circumstances to compare.
The identification of discrimination requires, above all, the determination of unequal treatment. Next, it is necessary to assess the justification for the difference in treatment. In other words, whether there is a valid reason for such different behaviour. There can only be a reasonable justification for indirect discrimination, but there is no justification for direct discrimination. However, there may be no discriminatory circumstances. For example, if there are two candidates for a job and one of them has a significantly better qualification, work experience and skills than the other candidate with special needs, the non-recruitment of the candidate with special needs would not be considered discriminatory, as a comparable other candidate was objectively more suitable for the job. If the opposite was the case – the candidate with a disability has better skills and qualification, but a non-disabled person would be recruited, it could probably be considered unequal treatment.
If you have doubts and you cannot identify for yourself whether you have been treated unequally or not. Talk to your colleagues, your immediate superior or your HR manager about your concerns. One should never suffer and live in stress.
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.
