Non-discrimination and equality in working life

Discrimination and unfair treatment in working life are prohibited. Under the Non-Discrimination Act, employers may not discriminate against employees on the basis of

  • age,
  • origin,
  • nationality,
  • language,
  • religion, belief, opinion,
  • political activities, trade union activities,
  • family ties,
  • health, disability,
  • sexual orientation,
  • gender or
  • other personal characteristics.

The Act on Equality between Women and Men (Equality Act) contains provisions on non-discrimination on the basis of gender.

Harassment, denial of reasonable accommodation and instructions and orders to discriminate are also prohibited. Moreover, no one may be treated unfavourably or suffer adverse consequences after having taken measures to ensure non-discrimination or participated in such measures (prohibition of victimisation).

The Employment Contracts Act also lays down that employees must be treated equally. Work discrimination in the advertisement of a vacancy or selection of an employee or during employment that meets the statutory definition of the offence under the Criminal Code is punishable.

Supervising compliance with non-discrimination provisions

The Non-Discrimination Ombudsman and occupational safety and health authorities supervise compliance with the Non-Discrimination Act in employment relationships and service relationships. Ultimately, civil and criminal cases involving discrimination are decided in general courts.

In addition to its parallel powers of supervision, the Non-Discrimination Ombudsman has other key tasks, including counselling and promotion tasks. The Ombudsman also has the right to seek to promote reconciliation between the employer and the person who has experienced discrimination and the right to assist victims of discrimination in court, for example.

The occupational health and safety authorities are responsible for extensively supervising compliance with legislation governing work. They also provide advice, guidance and opinions on the application of the provisions. At local level, supervision is the responsibility of the occupational safety and health divisions of the regional state administrative agencies. If there are reasonable grounds to suspect that a case involves work discrimination under the Criminal Code, the occupational safety and health authorities must report the matter to the police for pre-trial investigation. The authorities may decide not to report the matter to the police if, on account of the minor nature of the offence and the occupational safety situation at the workplace, the public interest does not require the reporting of the matter.

Penalties

The occupational safety and health authorities may issue an improvement notice to an employer who is acting in violation of the provisions of the Non-Discrimination Act prohibiting discrimination, retaliatory measures or discriminatory work advertisements or who has neglected to draw up a plan for the promotion of equality or who has neglected the obligation to assess and promote equality at the workplace. 

The occupational safety and health authorities may issue a decision obliging the employer to rectify the illegal situation if the employer fails to act in accordance with the reprimand within the time specified. The occupational safety and health authorities may reinforce the decision by imposing a conditional fine.

The occupational safety and health authorities must notify the party submitting the complaint of the duty of the Non-Discrimination Ombudsman to assist victims of discrimination. The occupational safety and health authorities may also request an opinion on the interpretation and application of the Non-Discrimination Act from the Non-Discrimination Ombudsman or the Non-Discrimination and Equality Tribunal.

The Non-Discrimination Ombudsman may, in individual cases, issue a reasoned opinion to prevent actions contrary to the Non-Discrimination Act or to prevent continuation or repetition thereof, unless the matter concerns the interpretation of a collective agreement or a collective agreement for central government.

Compliance with the Act on Equality between Women and Men is supervised by the Ombudsman for Equality and the National Non-Discrimination and Equality Tribunal. The Non-Discrimination and Equality Tribunal may impose bans and obligations and reinforce them with conditional fines. The Tribunal may also approve arrangements ending disagreements between parties.

Publications

Further information

Application and supervision of the Non-Discrimination Act: Occupational Safety and Health Administration and Non-Discrimination Ombudsman
Law-drafting: Seija Jalkanen, seija.jalkanen(at)gov.fi