Legge 15 aprile 1992

“Republic of Estonia Employment Contracts Act”. Passed 15 April 1992, consolidated text December 2004.

(omissis)

§ 10. Prohibition on discrimination against employees

(1) Employers shall not, upon employment and entry into employments contracts, discriminate against persons applying for employment on any of the grounds specified in subsection (3) of this section.

(2) Employers shall not discriminate against employees on any of the ground specified in subsection (3) of this section upon remuneration, promotion in employment or office, giving instructions, termination of employment contracts, access to retraining or in-service training or otherwise in employment relations.

(3) Discrimination prohibited on the basis of subsections (1) and (2) of this section shall be taken to occur where a person applying for employment or an employee is discriminated against on grounds of sex, racial origin, age, ethnic origin, level of language proficiency, disability, sexual orientation, duty to serve in defence forces, marital or family status, family-related duties, social status, representation the interests of employees or membership in workers’ associations, political opinions or membership in a political party or religious or other beliefs.

§ 101. Exceptions to prohibition on discrimination pursuant to law

For the purposes of this Act, the following shall not be deemed to be discrimination:

1) grant of preferences on grounds of pregnancy, confinement, giving care to minors or adult children incapacitated for work and parents who are incapacitated for work;

2) grant of preferences on grounds of membership in association representing the interests of employees or representing the interests of employees;

3) grant of preferences to disabled workers, including creation of working environment taking account of the special needs of disabled workers;

4) taking account of the sex, level of language proficiency, age or disability upon employment of a person, or upon giving instructions or enabling access to retraining or in-service training, if this is an essential and determinative professional requirement arising from the nature of the professional activity or related conditions;

5) allowing a suitable working and rest time regime which satisfies the religious requirements of an employee.

§ 102. Prohibition on direct and indirect discrimination

(1) It is prohibited to discriminate against employees or persons applying for employment either directly or indirectly.

(2) Direct discrimination shall be taken to occur where one person applying for employment or an employee is treated less favourably than another person applying for employment or another employee is, has been or would be treated in a comparable situation, on any of the grounds specified in subsection 10 (3).

(3) Indirect discrimination shall be taken to occur where an apparently neutral provision, criterion or practice would put employees or persons applying for employment at a particular disadvantage compared with other employees or persons applying for employment on any of the grounds specified in subsection 10 (3), unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.

(4) For the purposes of this Act, harassment shall be deemed to be a form of direct discrimination on any of the grounds specified in subsection 10 (3). Harassment shall be taken to occur where unwanted conduct or act, either verbal, non-verbal or physical, takes place against a person in a relationship of subordination or dependency with the purpose or effect of violating the dignity of the person and of creating a disturbing, intimidating, hostile, degrading, humiliating or offensive environment, and the person rejects such conduct or tolerates it for a reason that it affects his or her access to office or employment or in order to maintain the employment relationship, have access to training, receive remuneration or have access to other advantages or benefits.

(5) An instruction given to a person to discriminate against another person shall be deemed to be discrimination.

§ 103. Rights of employees and persons applying for employment who have been subject to discrimination

(1) An employee or a person applying for employment against whom the employer discriminated on any of the grounds specified in subsection 10 (3) has the right to demand from the employer compensation for the proprietary and non-proprietary damage caused by the discrimination.

(2) A person with whom the employer refused to enter into an employment contract on any of the grounds specified in subsection 10 (3) shall not have the right to demand entry into an employment contract.

(omissis)