If a job applicant suspects that they were discriminated against in the recruitment process and want to know the reason they were overlooked, the employer is required to provide a written explanation to the person listing the reasons of the recruitment decision (§ 7 of the Gender Equality Act, § 7 of the Equal Treatment Act).
The employer does not have to provide the personal data of the hired employee, but the justification must be substantive. The employer must explain the criteria on the basis of which the most suitable employee was selected, why the appellant was overlooked or in which respect the other applicants were better.
The purpose of the employer’s explanation is to dispel any suspicion of discrimination. However, this means that the criteria for the selection of the employee must have already been substantially thought through and that the recruitment process is transparent. A transparent process means that the selection criteria were open to the public and the recruiter can use them as a basis for explaining why the chosen applicant was stronger.
The selection of the most suitable applicant is legitimate if the selection criteria are based on qualities that enable the successful applicant to perform the job duties, i.e. the applicant’s length of service, education, work experience, other skills required for the job, personality traits, and other skills or reasons that give a clear advantage.
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.
