A transsexual employee may not be treated so as to put
him/her at a disadvantage in the workplace.
In December 2011, the Helsinki District Court ruled that the
Financial Supervisory Authority had violated the non-discrimination
provision in the case of a transsexual employee. The employee, who
had undergone male-to-female gender reassignment, was awarded EUR
15,000 in damages as compensation for the discrimination. The court
ruled that the extension of the application period for experts in
connection with reorganisation was wholly in violation of the
Equality Act. In all other respects, a presumption of
discrimination was ruled not to have arisen in the case.
The Ombudsman for Equality issued a statement on the matter
earlier, in June 2011.
Summary of the statement:
Discrimination
on the basis of gender reassignment (pdf, 16 kB)
The Ombudsman for Equality received a lot of contacts from
people during 2010. Most often the reason for contacts was
still discriminatory situations in working life. It appears that
discrimination based on pregnancy and parenthood has become a
lasting problem on the Finnish labour market.
The promotion of gender equality was monitored at workplaces and
educational institutions; at educational institutions the
monitoring was mostly aimed at the upper secondary level. The
survey discloses that there are considerable defects in gender
equality plans in particular as regards the provision of the
Equality Act that the plan must be drawn up in cooperation with the
personnel and students.
Gender equality issues regarding persons belonging to gender
minorities were an important part of the work of the Ombudsman for
Equality in 2010. Together with occupational safety authorities the
Ombudsman issued, for instance, a recommendation that new
testimonials of service should be given after reassignment of a
person's gender.
Annual Report 2010 by the Ombudsman for Equality in
English:
Annual
report 2010 (pdf, 1243 kB)
"Time has overtaken the legislation relating to parenthood. This is illustrated by the number of fathers contacting my office who have felt themselves to be unwanted," said Pirkko Mäkinen, Ombudsman for Equality, in her speech on Thursday in Tampere. The occasion was the open forum for the project known as ‘Tasa-arvoa erovanhemmuuteen - isät pois paitsiosta' (‘Equality in divorced parenting - fathers in from the cold').
Provisions regarding discrimination against gender minorities and promotion of equal status for them in society must be entered in the Equality Act. This point was made by Pirkko Mäkinen, the Ombudsman for Equality, in her speech at the TransHelsinki seminar on Saturday, 20 November 2010.
Office of the Ombudsman for Equality - Meritullinkatu 1, Helsinki - PO Box 33, FIN-00023 Government, Finland - Telephone (+358) 9 16001 - Telefax (+358) 9 1607 4582