Ombudsman for Equality

What constitutes discrimination?

The Finnish Equality Act prohibits discrimination on the basis of sex or gender. The act also applies to situations where persons are being discriminated against because they belong to a gender minority.

Both direct and indirect discrimination on the basis of sex or gender is prohibited.

Direct discrimination means treating a person unfavourably as a direct result of their sex or gender, i.e. because they are male or female. One example of direct discrimination could be a scenario where a female job applicant is turned down over a male applicant with less qualifications and experience. Another example is pubs and bars enforcing a higher age limit for men.

Unfavourable treatment on the grounds of pregnancy or a reason relating to childbirth also counts as direct discrimination.

Indirect discrimination occurs when unequal treatment is the result of rules, regulations or practices that are seemingly neutral as regards sex and gender, where these procedures may in their actual effect lead to persons being treated unfavourably on the basis of sex or gender. Examples of indirect discrimination include imposing a temporary lay-off procedure on a female-dominated employee group only and exempting a male-dominated employee group from the procedure, unless there is an acceptable reason for this kind of targeting.

Another example of indirect discrimination could be treating a person unfavourably on account of parenthood or family commitments.

However, enforcing procedures that are aimed at achieving an acceptable objective does not constitute indirect discrimination, provided that the means chosen are appropriate and necessary for achieving the objective.

Other forms of discrimination include sexual harassment and harassment on the basis of gender, as well as any order or instruction to engage in discrimination on the basis of sex or gender.

For more information
Harassment

What does not constitute discrimination?

According to the Finnish Equality Act, the following are not deemed to constitute discrimination on the basis of sex or gender:

1. Special protection of women on the grounds of pregnancy or childbirth;
2. Enacting legal provisions on compulsory military service for men only;
3. Admittance of either women or men only as members of an association 
   
   • if this is based on an express provision in the rules of the association,
   • if the association is not an actual labour market organisation, which can never limit membership on the grounds of sex or gender, or
   • if the association is another type of organisation representing labour market interests, provided that the association strives to implement the objectives of the Finnish Equality Act and the limitation is based on a provision in the rules of the association; and
4. Temporary special measures that are based on a plan and that are in place for the purpose of promoting effective equality, if they are aimed at implementing the objectives of the Finnish Equality Act.