No. It’s not allowed to give preference to employees on the basis of age or to make selections on the basis of criteria that are not related to work. For example, based on the stereotypical assumption that people will leave the labour market at retirement age. Only the employee can choose whether and when they wish to terminate their employment relationship.
Decisions must be made on the basis of previously developed rules that apply equally to employees of all ages, taking into account their knowledge, skills and experience. Generally, longer service means they have both experience and knowledge, so it should give the employee an advantage in both promotion and getting training.
Treating a person less favourably due to age in the case of the provision of retraining or in-service training is deemed discriminatory activity and it is prohibited.
Clauses 2 (2) 1) and 3) of the Equal Treatment Act
This explanation does not constitute legal aid in a specific case. Therefore, if you feel that you have been treated unequally, but you did not find a solution to your problem in this article, or if you have a question, 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.
