Indirect discrimination based on sex occurs where an apparently neutral provision, criterion, practice or activity would put persons of one sex at a particular disadvantage compared with persons of the other sex. However, indirect discrimination based on sex does not occur if that provision, criterion, practice or activity is objectively justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary (clause 3 (1) 4) of the Gender Equality Act).
For example, the requirement of long-term employment without interruptions for promotion or attestation may be a case of indirect discrimination based on sex (both women and men may take breaks in employment to have children). The requirement that a job applicant must have higher education in a specific field may also be indirectly discriminatory if such a requirement is not objectively necessary. Educational choices in Estonia are often influenced by gender stereotypes, which means that there may be areas where only a few people of one sex have acquired higher education. Educational requirements can also be replaced by work experience requirements.
If you feel that you’ve been treated unequally, please contact the Equality Commissioner by e-mail at avaldus@volinik.ee or telephone +372 626 9059. The anonymity of the person is guaranteed when contacting the Commissioner.
