If an employee suspects that the reason the employer didn’t hire, promote or train them is their gender, they have the right to ask the employer for a written explanation. The employer is required to provide the explanation within 10 working days of submission of the request (subsection 7 (1) of the Gender Equality Act). In the explanation, the employer must justify the selection they made based on the hired person’s length of employment, education, work experience, personality traits and reasons which give the employee who was hired for the job or sent to training a clear advantage (subsection 7 (1) of the Gender Equality Act).
If an employee suspects that their employer has discriminated against them on grounds of nationality, colour, religion or belief, age, disability or sexual orientation, the employer must provide a written explanation of its actions within 15 working days of receiving the written request (§ 7 of the Equal Treatment Act).
In the written explanation, the employer must set out the facts on the basis of which it justifies its decision, conduct or action. For example, a Master’s degree was required in the job advertisement, which the appellant doesn’t have. The purpose of the employer’s explanation is to dispel the applicant’s suspicions that they have been discriminated against on the basis of a characteristic specified by law. The employer does not have to include the name or other personal data of the person selected for the job in the declaration in order to protect their personal data.
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.
