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Provision of goods and services

Examples of discrimination include

  • treating a person unfavourably on the basis of sex or gender in the provision of goods and services, and
  • sexual harassment or harassment on the basis of gender by a goods or service provider.

Goods or services can, however, be made available to only men or women if

  • this is done to achieve an acceptable objective, and
  • the means chosen are appropriate and necessary for achieving the objective.

The aim is not to prevent all different treatment of men and women, only different treatment that is clearly unfair. For example, Mother’s Day and Father’s Day promotions are acceptable, as they are of minor monetary value. The same approach is adopted for temporary discounts offered by sports clubs or other associations to only men or women.

The recent change in legislation has not affected the right of barbers and hairdressers to promote their services according to their respective business ideas, professional expertise and chosen tools regardless of sex or gender. Pricing, however, cannot be based on sex or gender. Acceptable pricing principles include the skill level, tools and time required.

The section does not apply to the content of media and commercial advertising or to education. Finnish insurance providers can use sex or gender as an actuarial factor in determining insurance premiums and benefits for men and women, subject to certain conditions. More detailed provisions can be found in insurance legislation. The objective is that only differences that can be proven legitimate and reasonable on the basis of risk assessments carried out by insurance providers are acceptable.

Goods and service providers that have violated the prohibition of discrimination can be ordered by a court to pay a minimum of EUR 3,240 in compensation to the victim. The amount of compensation depends on the nature, extent and duration of discrimination, amongst other factors. The minimum amount of compensation may be reduced or in some cases waived altogether, if this is deemed reasonable in view of the offender’s financial situation and attempts to prevent or remedy the effects of the action, and other circumstances. Victims of discrimination should inform the goods or service provider in question of the matter in order to allow the goods or service provider to rectify the situation.