What happens next?

A person who finds that their nationality, ethnic origin, age, disability, religious belief, sexual orientation or other ground of prohibited discrimination specified in the Equal Treatment Act prevented them from finding employment because they have suffered harassment or other discrimination is often faced with the choice of what to do next.

According to the Equal Treatment Act, a person who suspects that they have been treated less favourably on one basis or another has several opportunities to defend their rights.

In the event of suspicion of discrimination, there are the following options for legal protection:

• • submit a written request to the alleged discriminator in order to obtain a written explanation of their actions
  • make a statement to the commissioner for equality and equal treatment
  • initiate the conciliation proceedings with the Chancellor of Justice if the incident took place in the private sector
  • apply to the Chancellor of Justice if the incident took place in the public sector
  • submit a complaint with the labour dispute committee
  • go to court

In order to protect a person’s rights, the Equal Treatment Act contains a number of provisions that should support the appeal of persons to the competent institutions if they feel that they have been discriminated against, harassed or victimised on any prohibited ground of discrimination.

Police

If there is suspicion that a misdemeanour or criminal offence has been committed, it is easiest to contact the police, because misdemeanour and criminal proceedings cannot be initiated by an individual, the burden on proof lies with the state prosecutor. The Penal Code contains a number of provisions relating to equal treatment:

• • § 151 (prohibition of incitement of hatred) publicly inciting to hatred, violence or discrimination on the basis of nationality, race, colour, gender, language, origin, religion, sexual orientation, political opinion, or financial or social status if this results in danger to life, health or property of a person
  • § 152 (violation of equality) – unlawful restriction of the rights of a person or granting of unlawful preferences to a person on the basis of his or her nationality, race, colour, sex, language, origin, religion, sexual orientation, political opinion, financial or social status
  • § 153 (discrimination based on genetic risks) – unlawful restriction of the rights of a person or granting of unlawful preference to a person on the basis of his or her genetic risks

In the case of harassment, other provisions concerning the physical integrity of a person may also become relevant.

What these provisions mean and which acts fall under them is outside the scope of the current manual, but in the case of further interest the executive edition of the Penal Code provides some answers.

Based on the provisions of the Equal Treatment Act, victims of discrimination may claim compensation for proprietary and moral damage (§ 24 and 25 of the Equal Treatment Act), several possibilities have been created for making an extrajudicial complaint/application (§ 16, 17, 23 of the Equal Treatment Act). People who need the rights most to protect themselves are often the least able to claim their rights. Therefore, a person may turn to these institutions themselves or be represented by a lawyer or by organisations with a “legitimate interest” (trade unions, minority ethnic associations, disabled people’s organisations, religious associations, etc.) (§ 17 (1) of the Equal Treatment Act, § 23 (2) of the Chancellor of Justice Act). A person does not have to prove the existence of discrimination on their own (§ 8) and fear persecution after submission of a complaint (§ 3 (6)).

Before contacting the relevant institutions

In order to choose the most suitable option for protecting your rights, the following questions could be considered:

• • What outcome does the complainant want?
  • What is the basis of the complaint?
  • Is there a rush to file the complaint? How much time is left?
  • Do the criteria set out in the Equal Treatment Act extend to the complainant?
  • What is the likelihood of success?
  • Is it essential to have a legally binding solution?
  • Is there sufficient evidence to establish a presumption of discrimination?
  • Is the involvement of a professional lawyer necessary in this case?
  • Is it possible to obtain compensation?
  • Is it possible to lodge complaint on behalf of a group of people?
  • What are the potential costs and expenses of using different redress mechanisms?

As the websites of the relevant institutions are sufficiently informative and explain step by step how to address them and what the procedure looks like, there is no need to rewrite it in this handbook. Instead, a table has been drawn up giving brief information on the institutions concerned, the time limits for contacting them, the form and the outcome of the procedure. They have been divided into two: disputes in employment and service relationships and other legal relationships.

Time limits for filing complaints and applications and how legally binding is the outcome, along with additional comments (tinted boxes represent procedure that can be initiated or attended by a representative organisation, either jointly representing the victim or on its own initiative).

Employment and service relationships

County court (www.kohus.ee)

• Time limit:
  • 30 calendar days – cancellation of an employment contract (§ 106 of the Employment Contracts Act, § 6 (2) of the Individual Labour Dispute Resolution Act)
  • 4 months – rights arising from employment relationships (§ 6 (1) of the Individual Labour Dispute Resolution Act)
  • 3 years – wages (§ 6 (3) of the Individual Labour Dispute Resolution Act)
• Form: Statement of claim
• Result: Binding
• Comments:
  • Private sector.
  • An application shall not be filed simultaneously with a labour dispute committee or court.
  • If there is discrimination in an employment relationship (e.g., the employment contract with the person has been terminated because the person’s sexual orientation has become public), the term may also be 1 year, because in the event of a conflict of laws, the principle of effective legal protection should be followed.
  • A state fee must be paid.

Administrative court (www.kohus.ee)

• Time limit:
  • 30 calendar days – annulment of an administrative act (§ 46 of the Code of Administrative Court Procedure)
  • 3 years – for compensation for damage caused, declaring an administrative act or procedure unlawful (§ 46 of the Code of Administrative Court Procedure)
• Form: Statement of claim
• Result: binding
• Comments:
  • Public sector – in the case of an order, directive, decision, precept or other legislation issued by an authority or other official for the regulation of an individual case, but also in the case of a contract under public law (a contract regulating public relations) and an act under public law.
  • An appeal may be filed with any courthouse of an Estonian administrative or county court (§ 40 of the Code of Administrative Court Procedure).
  • An appeal against an individual or a legal person in private law may be filed within the term provided by law.
  • A state fee must be paid.

Chancellor of Justice (www.oiguskantsler.ee)

• Time limit: 4 months – conciliation procedure (§ 356 of the Chancellor of Justice Act)
• Form: Petition
• Result: Binding
• Comments:
  • Private sector.
  • From the time the person became aware or should have become aware of the alleged discrimination.
  • A person who has legitimate interest in observing compliance with the requirements for equal treatment may also be a representative (§ 23 (2) of the Chancellor of Justice Act).
  • The conciliation procedure is strictly voluntary for both parties.
  • There is no state fee.

• Time limit: 1 year – monitoring procedure (§ 34 the Chancellor of Justice Act)
• Form: application
• Result: Not binding
• Comments:
  • Public sector.
  • The so-called monitoring procedure – to verify whether a state agency, local government authority or body, a legal person in public law or a natural or legal person governed by private law performing public functions complies with the principle of equal treatment.
  • There is no state fee.

Labour Dispute Committee (www.ti.ee)

• Time limit: 
  • 4 months – rights arising from employment relationships (§ 6 (1) of the Individual Labour Dispute Resolution Act)
  • 30 days – cancellation of an employment contract (§ 6 (2) of the Individual Labour Dispute Resolution Act)
  • 3 years – wages (§ 6 (3) of the Individual Labour Dispute Resolution Act)
• Form: Petition
• Result: Binding
• Comments:
  • Private sector.
  • An application shall not be filed simultaneously with a labour dispute committee or court.
  • Disputes with financial claims of up to 10,000 euros.
  • The petition may be submitted by the person himself or as their representative by a person who has a legitimate interest in monitoring compliance with the requirements for equal treatment (§ 14, (21) of the Individual Labour Dispute Resolution Act). 
  • There is no state fee.

Gender Equality and Equal Treatment Commissioner (www.svv.ee)

• Time limit: Unspecified term – obtaining an assessment of whether the principle of equal treatment has been violated (§ 17 of the Equal Treatment Act)
• Form: Petition
• Result: Not binding
• Comments:
  • Private and public sector.
  • The Commissioner may refuse to accept very old cases because the possibility for a person to go to court after the opinion is limited to a term of 1 year. 
  • A person who has a legitimate interest in monitoring compliance with the requirement of equal treatment may also address the Commissioner (§ 17 (2) of the Equal Treatment Act)
  • There is no state fee.

Non-employment relations

County court (www.kohus.ee)

• Time limit: 1 year – discrimination, misdemeanours and crimes by private individuals (§ 25 of the Equal Treatment Act)
• Form: Statement of claim
• Result: Binding
• Comments:
  • Private sector.
  • A state fee must be paid.

Administrative court (www.kohus.ee)

• Time limit:
  • 30 calendar days – annulment, issue of an administrative act, taking an administrative measure (§ 46 of the Code of Administrative Court Procedure)
  • 3 years – compensation for damage caused in a public law relationship, declaring an administrative act or a procedure unlawful (§ 46 of the Code of Administrative Court Procedure)
  • 1 year – against an individual or a legal person in private law (§ 25 of the Equal Treatment Act)
• Form: Statement of claim
• Result: Binding
• Comments:
  • Public sector – in the case of an order, directive, decision, precept or other legislation issued by an authority, official or other official for the regulation of an individual case, but also in the case of a contract under public law (a contract regulating public relations) and an act under public law.
  • An appeal may be filed with any courthouse of an Estonian administrative or county court (§ 40 of the Code of Administrative Court Procedure).
  • An appeal against an individual or a legal person in private law may be filed within the term provided by law.
  • A state fee must be paid.

Chancellor of Justice (www.oiguskantsler.ee)

• Time limit: 4 months – conciliation procedure (§ 356 of the Chancellor of Justice Act)
• Form: Petition
• Result: Binding
• Comments:
  • Private sector.
  • From the time the person became aware or should have become aware of the alleged discrimination.
  • A person who has legitimate interest in observing compliance with the requirements for equal treatment may also be a representative (§ 23 (2) of the Chancellor of Justice Act).
  • The conciliation procedure is strictly voluntary for both parties.
  • There is no state fee.

• Time limit: 1 year – monitoring procedure (§ 34 the Chancellor of Justice Act)
• Form: Application
• Result: Not binding
• Comments:
  • Public sector.
  • The so-called monitoring procedure – to verify whether a state agency, local government authority or body, a legal person in public law or a natural or legal person governed by private law performing public functions complies with the principle of equal treatment.
  • There is no state fee.

Gender Equality and Equal Treatment Commissioner (www.svv.ee)

• Time limit: Unspecified term – obtaining an assessment of whether the principle of equal treatment has been violated (§ 17 of the Equal Treatment Act)
• Form: Petition
• Result: Not binding
• Comments:
  • Private and public sector.
  • The Commissioner may refuse to accept very old cases because the possibility for a person to go to court after the opinion is limited to a term of 1 year. 
  • A person who has a legitimate interest in monitoring compliance with the requirement of equal treatment may also address the Commissioner (§ 17 (2) of the Equal Treatment Act)
  • There is no state fee.

Submission of claim for compensation for material and non-patrimonial damage.

A person who suspects discrimination can demand:

• that discrimination be terminated (§ 24 (1) of the Equal Treatment Act)
• that damage caused by discrimination be compensated ((§ 24 (3) of the Equal Treatment Act)
• that non-patrimonial (moral) damage be compensated

A person cannot demand the conclusion of an employment contract or a contract for the provision of services or the appointment or election to office (§ 24 (1) of the Equal Treatment Act)

• Time limit: 1 year (§ 25 of the Equal Treatment Act)
• Form: Petition
• Result: Binding
• Comments:
  • Private and public sector.
  • From the day the person became aware of the damage or should have become aware of it.
  • The petition must be submitted to the labour dispute committee or to court.
  • A state fee must be paid.

• Time limit: 3 years (§ 46 of the Code of Administrative Court Procedure)
• Form: Statement of claim
• Result: Binding
• Comments:
  • Public sector.
  • From the day the person became aware of the damage or should have become aware of it, but no later than 10 years of the activity which caused the damage.
  • An appeal may be filed with any courthouse of an Estonian administrative or county court (§ 40 of the Code of Administrative Court Procedure).
  • A state fee must be paid.