Ombudsman for Equality

What is meant by ‘suitability’ or ‘aptitude’?

The Finnish Equality Act lists suitability/aptitude amongst acceptable reasons for choosing a less qualified candidate for a position. A person’s aptitude can be evaluated on the basis of tests and interviews, for example, but also on the basis of information gathered regarding performance in prior roles. However, employers must be able to prove that they have in fact compared the abilities and qualities of the person chosen and any unsuccessful candidates. The case law also states that selection can be based on an assessment of personal characteristics as long as the assessment practice itself does not discriminate against either sex (2001:9, 2002:42).

Personal characteristics that can be factored into recruitment decisions include, amongst other things, whether a person is hardworking and meticulous, able to work as part of a team as well as on his/her own initiative, and willing to take responsibility. The characteristics on which decisions are based must be relevant to the position in question. In order to rebut a presumption of discrimination, employers must be able to prove that the person chosen was more suitable for the position than another candidate, and that this was the real and justifiable reason for the decision. A further condition is that any assessments of aptitude are carried out with due diligence, and that the assessment criteria and the assessment practice itself do not discriminate against either sex.