Current best practices

• Author: Hiltunen, Rainer
• Pages: 61-61

61

10 CURRENT BEST PRACTICES

- Equality planning.142

The Non-Discrimination Act of 2004 required authorities and those providing

education to draw up a plan for the fostering of ethnic equality. The reform of the

Non-Discrimination Act in 2015 extended this requirement to companies employing

more than 30 employees. In addition, the scope of the equality plan was widened

to include all discrimination grounds protected by the Non-Discrimination Act.

Equality plans must evaluate the realisation of equality and must include measures

that are effective, expedient and proportionate to promote equality.

Equality plans covering multiple grounds have been drafted in hundreds o f

municipalities, other authorities, companies and lots of other organisations, such as

NGOs and student unions, even though for many bodies it is voluntary. In the

plans, organisations and companies have analysed how their services and functions

meet the actual needs of various clients, what kind of reasonable accommodation is

needed and how equality in the workplace can be secured.

Aside from the obligation on employers, t he Non-Discrimination Ombudsman may

bring a matter concerning the failure to draw up an effective equality plan to the

National Non-Discrimination and Equality Tribunal, which can order the authority or

education provider to fulfil the obligation within a reasonable time. No such

application has been made so far. The tribunal can impose a conditional fine to

enhance its order.

- Discrimination research and monitoring.143

The Discrimination Monitoring G roup consists of representatives from a number of

public authorities, research institutes, NGOs, and equality, gender equality and

independent bodies. Currently the group is organised by the Ministry of Justice. The

group has commissioned yearly studies on discrimination in different areas of life

bringing discrimination, which is often hidden, to the public discussion and to the

knowledge of the responsible authorities.

- The Non-Discrimination Ombudsman’s right to be heard as an amicus curiae.144

According to the Non-Discrimination Act, the Non-Discrimination Ombudsman must

be informed and allowed to be heard in court when a discrimination case (not

concerning employment) is being decided there. Additionally, the prosecutor must

allow the Non-Discrimination Ombudsman the opportunity to be heard prior to

bringing charges for discrimination (Chapter 11, Section 11 of the Criminal Code).

This statute has become an important tool for making the Ombudsman aware of all

case law regarding discrimination. Additionally, it allows the Ombudsman to ensure

that courts are aware of recent jurisdiction and levels of compensation when

deciding on discrimination cases.

142 See http://www.yhdenvertaisuus.fi/yhdenvertaisuussuunnittelu/.

143 See http://yhdenvertaisuus.fi/syrjintatieto.fi.

144 Non-Discrimination Act, 1325/2014, Section 27.