Defending yourself from indirect discrimination

  • Find it in the Law:
    Law on Protection from Discrimination, Clause 4 (paragraph 1, sub-paragraph 1.2)
  • Who is responsible:
    Whichever public authority that is providing services or access to rights is the one that is responsible to ensure that there is no indirect discrimination. Check respective bodies within this institution to find the proper address to file complaints.
  • Who can help me:
    In case the public authority does not respond to any complaints regarding indirect discrimination, you might try and seek legal and other forms of assistance with the NGOs who work with persons with disabilities in other fields or with Labour inspectorate. Otherwise, the Ombudsperson Institution would also be an address to seek support.

Let’s say you are applying for a job, you are seeking access to a public space, or seek to become a member of any association, but you belong to a minority group. In getting access to the required service or right, the law protects you not only from direct forms of discrimination – in which access is specifically restricted to your minority group – but also from indirect discrimination as well. The latter entails organizations intentionally setting up criteria for membership or service provision in such a way that would unrightfully prevent you from granting access. For example, a public institution published a job announcement for a position in a certain town or city. You might have all of the necessary qualifications and experience to perform the duties of this job, but the criteria set out in the announcement might set out language proficiency requirements that are not necessary to perform the tasks, or they might ask that the prospective employee live within a certain proximity from the workplace, even if proximity is objectively not necessary. These two criteria might be discriminating people from certain regions or ethnicities.

  

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