Legal remedies for those who have experienced discrimination

If you have experienced discrimination or any other breach of the Non-discrimination Act, there are several ways in which you can take action. This page describes them in more detail. These are guidelines for anyone who suspects discrimination, pursuant to section 8b of the Act on the Non-Discrimination Ombudsman. Under this provision, when a person who suspects discrimination contacts the Non-Discrimination Ombudsman, they must be provided with information on how the matter will be handled by the Ombudsman’s office, the legal remedies available to them, and the possibility of receiving other support in the matter.

Before making contact

If you suspect discrimination or any other breach of the Non-discrimination Act, you may, if you wish, first ask the party in question to explain the reasons for their action that you suspect is in breach of the Act. If the party in question is a public authority, you can contact them, for example by filing a complaint or reprimand. In accordance with the legal principles of good governance, public authorities and other bodies performing public administrative tasks are obliged to respond to legitimate enquiries without undue delay, within the limits of their duties and powers. 

You can contact a private operator, for example via their customer service channels. Certain operators are also required by law to justify their actions and to provide information to those who request it.

  • Section 15, subsection 3 of the Non-discrimination Act contains a provision applicable to employers, under which when receiving a request, an employer must promptly provide a written report on the grounds of its procedures to a person with disabilities, who considers that they have been discriminated against as a result of the denial of reasonable adjustments in applying for employment or public service employment or in an employment relationship or in an employment relationship under public law.
  • The Act on Equality between Women and Men (Equality Act)  imposes a duty on employers to provide reasons in situations where an employee suspects they have been discriminated against on the grounds of their gender (including gender identity and gender expression) (section 10), and places an obligation on educational institutions to provide reasons to a student who suspects discrimination in education (section 10a).

You also have the option of using the procedures set out in the Act on the Openness of Government Activities to obtain information regarding your matter. As a general rule, bodies falling within the scope of the Act on the Openness of Government Activities must provide any person requesting information with details of any document in their possession, unless the information is required by law to be kept confidential. In addition, an interested party may also be entitled to access information that would otherwise be withheld from the public in a matter to which they are a party, unless there are grounds under the Act on the Openness of Government Activities for withholding that information from that party.

Processing of enquiries by the Non-Discrimination Ombudsman

General

If your issue cannot be resolved by contacting an operator or if you have a valid reason for not wishing to contact them, you can contact the Non-Discrimination Ombudsman. In carrying out their duties, the Ombudsman complies not only with the provisions of the Non-discrimination Act and the Act on the Non-Discrimination Ombudsman, but also with the principles of good governance set out in the Administrative Procedure Act (chapter 2), the Act on the Openness of Government Activities (further information) and the European Union’s General Data Protection Regulation. You can contact the Ombudsman either using your name or anonymously. As a general rule, the name and/or contact details of the person making the contact will not be disclosed to third parties.

The Non-Discrimination Ombudsman does not normally deal with enquiries concerning events that took place more than two years ago, unless there is a specific reason to do so. Nor do we, as a matter of principle, deal with matters that are already being dealt with by another competent authority.

Further information on the Non-Discrimination Ombudsman's contact channels.

The bringing of a case

When a complaint is received by the Non-Discrimination Ombudsman, it is, as a rule, recorded in the case management system. At the same time, a case number is assigned to the enquiry. You should always quote the case number, for example if you are providing further information in the same case. That way you can be sure that the additional information will be linked to the correct case. Calls to the helpline that are resolved through advice and feedback that is recorded for information purposes are not automatically assigned a case number. However, if we consider that the case requires a written response to the customer, a case number is always assigned to it.

Assessment

Once the matter has been recorded, it proceeds to the assessment process and a meeting of the assessment group. If the matter is clear and unambiguous, the person handling it may also respond to the customer directly, in accordance with the guidance provided by the Ombudsman and our established interpretation practices.

With regard to matters to be discussed at the assessment group meeting, the case handler presents the matter to the assessment group, which always comprises at least the chair and the case presenter, and often includes other case handlers as well. In the Ombudsman’s work to promote equality and tackle discrimination, the assessment of individual matters has been divided into three assessment groups, whose main areas of responsibility are: 1. social and health care and housing; 2. working life and private services; and 3. education, security and the administration of justice. Enquiries relating to other areas of life have also been divided between these three groups.

The majority of individual customer enquiries received by the Ombudsman result in the customer receiving advice and guidance directly from the case handler or as agreed by the assessment group, as well as a written response setting out the assessment of the matter they have described. The case is referred for further consideration if it appears problematic from the perspective of the Non-discrimination Act and, in general, is of such a nature that it is deemed appropriate that the Non-Discrimination Ombudsman should investigate it in order to promote equality and tackle discrimination.

The Non-Discrimination Ombudsman receives a large number of enquiries and must therefore, taking into account the resources available, carefully consider which matters to address. The Ombudsman has broad discretion, based on the law, to decide what action to take in response to an individual enquiry. In particular, where we consider it unlikely that an investigation by the Ombudsman would, in practice, result in the effective protection of the legal rights of the person who has been discriminated against, we endeavour to advise those who contact us to make use of other legal remedies as a matter of priority.

Continued consideration

In continued consideration of a case, the other party involved is generally contacted, for example, to clarify the matter, facilitate a settlement or find another solution. As a rule, we discuss the matter with the person who has contacted us before we get in touch with the opposing party. If a matter in which, in our view, discrimination or another breach of the Non-discrimination Act has occurred cannot be resolved amicably, the outcome of the process is often a reasoned statement from us confirming the breach of the Non-discrimination Act, or another response. Other responses may include a recommendation to provide compensation, as well as other recommendations aimed at promoting equality and tackling discrimination.

A statement or other response from the Ombudsman in the matter is not legally binding but merely advisory in nature. In practice, however, operators often take the Ombudsman's responses into account in their operations. Neither does the Ombudsman issue administrative decisions that are subject to appeal when dealing with matters under the Non-discrimination Act.

Anyone dissatisfied with the work of the Office of the Ombudsman may make an administrative complaint to the Ombudsman in accordance with the Administrative Procedure Act, or contact, for example, the highest authorities responsible for overseeing legality.

If, following our statement, the operator is unwilling to bring its practices into line with the Non-discrimination Act, the Ombudsman may refer the matter to the National Non-Discrimination and Equality Tribunal to obtain a legally binding decision, or, in exceptional matters, assist the customer in bringing a claim for compensation before a District Court, or take other measures to rectify the situation. However, in matters relating to working life, the Ombudsman does not have the authority to refer a matter to the National Non-Discrimination and Equality Tribunal. Measures taken following a statement are used with great care and, in most cases, only in matters of fundamental importance.

Further information on making a complaint.

After your enquiry has been processed or as an alternative to contacting us

Application to the Tribunal or an action before a District Court

In addition to the Ombudsman and organisations promoting equality, private individuals may also, in their own matters, submit an application to the National Non-Discrimination and Equality Tribunal or bring an action before a District Court regarding compensation under the Non-discrimination Act. When considering bringing an action before a District Court, however, it is always advisable to bear in mind the legal costs – that is, the risk of having to pay the other party’s legal costs as well, should the action be dismissed.

You can submit an application to the National Non-Discrimination and Equality Tribunal by following the instructions available on the Tribunal's website. You can find a link to the instructions below. There is no charge for asking the Tribunal to consider your matter. The Tribunal will not consider a matter that is already being dealt with by another authority. The Tribunal may prohibit an operator from continuing any activity prohibited under the Non-discrimination Act, and may require the operator to meet the obligations laid down for it in the Non-discrimination Act, if necessary under penalty of a conditional fine. The Tribunal may also issue a recommendation regarding compensation to be paid to a person who has been subjected to discrimination or victimisation. The Tribunal cannot order the payment of damages.

Submitting an application to the National Non-Discrimination and Equality Tribunal.

Contact with other supervisory authorities

If you suspect discrimination on the grounds of gender or a breach of gender equality (including gender identity and gender expression), the competent authority is the Ombudsman for Equality rather than the Non-Discrimination Ombudsman. However, if the case involves multiple grounds of discrimination based on both gender and other reasons, the competent authority is the Non-Discrimination Ombudsman.

In addition to the Non-Discrimination Ombudsman, the Ombudsman for Equality and the National Non-Discrimination and Equality Tribunal, matters relating to discrimination and equality may also be referred to a number of other supervisory authorities for consideration. These include, for example, the highest authorities responsible for overseeing legality, namely the Parliamentary Ombudsman and the Chancellor of Justice, as well as the Finnish Supervisory Agency, the Consumer Disputes Board and the Patient Injury Board. All the authorities mentioned are obliged to take account of the principle of equality and the prohibition of discrimination in all their activities, within the limits of their duties and powers, directly pursuant to sections 6 and 22 of the Constitution of Finland, even if they do not have an explicit supervisory role under the Non-Discrimination Act. In particular, if it is open to interpretation and unclear whether a particular action may constitute a breach of the Non-Discrimination Act or rather a breach of some other act, referring the matter to a supervisory authority other than the Non-Discrimination Ombudsman may be the most appropriate course of action. The competent supervisory authority for matters relating to the protection of personal data is the Data Protection Ombudsman.

Appeal to a court or other judicial body

If a breach of the Non-Discrimination Act is identified in a case where there is a right of appeal, such as when an administrative decision has been made in the matter and is accompanied by guidance on how to appeal, the primary legal remedy, including in cases of discrimination and other breaches of the Non-Discrimination Act, is to lodge an appeal in accordance with the instructions provided.

If you decide to appeal against a decision and the case goes to court, you can draw the court's attention to section 27 of the Non-discrimination Act. According to it, a court must, in a matter handled by it concerning the application of this Act, reserve an opportunity for the Non-Discrimination Ombudsman to be heard insofar as the matter pertains to the authority of the Ombudsman.  If the court decides to give the Ombudsman the opportunity to be heard, we will consider whether to issue a statement on a case-by-case basis. The fact that the Ombudsman has not issued a statement on a case does not constitute a view on whether or not the case constitutes a breach of the Non-Discrimination Act.

If a crime is suspected

If there are grounds to suspect that a crime has been committed, the competent authority to deal with the matter is the police. A case concerning discrimination and equality may also involve, for example, a discrimination offence, incitement to ethnic or racial hatred, defamation, an offence in office or the commission of some other offence, where the act is motivated by discrimination. However, before you report the matter to the police, you may, if you wish, contact the Non-Discrimination Ombudsman for advice and guidance.

Other support and assistance

You can also get support and assistance with issues relating to equality and discrimination from many other places:

You can also get support and assistance from advisory services run by the State, local authorities and well-being services counties in various areas of life. 

Victims of crime, for example, can seek support from Victim Support Finland and answers to questions about consumer rights from the Consumer Advisory Services.