Latest developments in 2019

• Author: Hiltunen, Rainer
• Pages: 63-64

63

12 LATEST DEVELOPMENTS IN 2019

12.1 Legislative amendments

There were no relevant legislative amendments in 2019 in anti-discrimination law.

12.2 Case law

Name of the court: The National Non-Discrimination and Equality Tribunal

Date of decision: 12 February 2019

Name of the parties: Not available

Reference numbers: 391/2018, 414/2018, 424/2018, 439/2018 and 488/2018

Address of the webpage:

https://www.yvtltk.fi/material/attachments/ytaltk/liitteet_ytaltk/tt9K7nETJ/YVTltk-

tapausseloste-13.2.2019-Saavutettavuus-yleisotilaisuus.pdf

Brief summary: The National Non-Discrimination and Equality Tribunal considered it

indirect discrimination on the ground of disability when a person using an electric

wheelchair was not able to attend literature evening events organised by a local

newspaper. The tribunal remarked that the restaurant where the events were organised

did not conform to accessibility requirements in legislation and the organiser had

continued to organise events without making any adjustments that could have enabled

the claimant to participate in the events. The tribunal cannot award any compensation

but imposed a conditional fine of EUR 5 000 in order to enforce compliance with its

injunction. The decision is final as it was not appealed against.

Name of the court: The National Non-Discrimination and Equality Tribunal

Date of decision: 18 April 2019

Name of the parties: Not available

Reference numbers: 442/2018, 450/2018, 462/2018, 471/2018, 472/2018, 475/2018,

550/2018, 557/2018, 563/2018, 568/2018, 575/2018, 580/2018, 591/2018, 594/2018,

603/2018 and 626/2019

Address of the webpage:

https://www.yvtltk.fi/material/attachments/ytaltk/liitteet_ytaltk/ApqHRaA4P/YVTltk-

tapausseloste-_18.4.2019-saavutettavuus-yleisotilaisuus.pdf

Brief summary: The National Non-Discrimination and Equality Tribunal considered it

indirect discrimination on the ground of disability when a person using an electric

wheelchair was not able to attend the broadcast of a television programme as a member

of the audience. The programme was broadcast live on national television for several

months from a restaurant and was advertised as being open to public and accessible to

everybody.

The national broadcasting company explained that building a studio at another restaurant

in the city centre would be challenging and expensive. It also pointed out that the current

location was accessible to most wheelchairs and offered to arrange a smaller wheelchair

to be used in the lift for getting to the current broadcasting location.

In the decision, the tribunal remarked that the company had not taken specific measures

to acquire another broadcasting location even though the broadcasting season had lasted

for nine months. It also considered that changing from the electric wheelchair to a lighter

wheelchair for the ride in the lift could have been dangerous. Therefore, the tribunal did

not find the justification of the broadcasting company sufficient to address the reversed

the burden of proof in indirect discrimination. The tribunal cannot award any

compensation but imposed a conditional fine of EUR 20 000 in order to enforce

compliance with its injunction. In the tribunal vote, one member of the tribunal applied

the statutes on reasonable accommodation when deciding on the case. The decision is

not final as it has been appealed against.