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Compensation and claims

Compensation

Individuals are entitled to compensation if they have been victims of discrimination

  • in the workplace,
  • in educational institutions,
  • in the activities of labour market organisations, or
  • regarding the availability and provision of goods and services.

The minimum amount of compensation is EUR 3,240. The minimum amount of compensation may in certain circumstances be reduced, and in some cases it may be waived altogether.

The maximum compensation payable in recruitment cases is EUR 16,210. The maximum amount of compensation may be exceeded if this is considered justified in view of the severity of discrimination, for example.

(Finnish Equality Act, Section 11, Compensation)

Claims for compensation

In order to get compensation, the injured party must take the matter to a court.

Compensation is awarded against a claim. Claims for compensation must be lodged with a district court in the place of general jurisdiction of the employer, educational institution, labour market organisation or goods or service provider.

Claims for compensation must be brought within two years of the violation, except in recruitment cases, where the right to claim compensation expires after one year.

The claimant must demonstrate that the employer, goods or service provider, educational institution or labour market organisation has violated the prohibition of discrimination as laid down in the Finnish Equality Act. This establishes a so-called presumption of discrimination. In order to refute the presumption of discrimination, the defendant must prove that the prohibition of discrimination on the basis of sex or gender has not been violated and that the action in question was attributable to a justifiable factor not connected to sex or gender.

When an action for compensation on the basis of discrimination has been brought and more than one person is entitled to demand compensation on the grounds of the same act or omission, all claims for compensation must be dealt with in the same proceedings whenever possible. The right to claim compensation is not lost just because another party has already brought a claim to a court.

(Finnish Equality Act, Section 12, Claims for compensation)