1) An authority?
In this Act, an authority means central and local government authorities, independent bodies governed by public law and parliamentary agencies, as well as authorities in the province of Åland when the latter discharge provisions pertaining to national legislation. The provisions on an authority also apply to other instances of discharging a public administrative function.
2) Education provider
In this Act, an education provider means the party that provides statutory education or training.
3) or an employer?
In this Act, an employer means the party that employs persons in an employment relationship or service relationship under public law. The provisions of this Act on an employer shall also apply to a user enterprise, referred to in section 7, chapter 1 of the Employment Contracts Act (55/2001) and in section 8, chapter 1 of the Seafarers’ Employment Contracts Act (756/2011) when it exercises the right to direct and supervise temporary agency workers as well to be as a provider of work experience placements and other similar activities insofar as they exercise the right to direct and supervise.
Pursuant to the Non-Discrimination Act, the obligations to promote equality apply to authorities, education providers and employers.
Pursuant to section 5 of the Non-Discrimination Act, the authorities shall evaluate the realisation of equality in their activities and take measures considered necessary to fostering the realisation of equality. Such measures shall be effective, expedient and proportionate, taking into account the authorities’ operating environment, resources and other circumstances. The authorities must have a plan of the necessary measures for the fostering of equality. The obligation to draw up a plan does not apply to the Evangelical Lutheran Church, the Orthodox Church or an individual actor which discharges public administrative functions and regularly employs fewer than 30 persons.
Pursuant to the Non-Discrimination Act, the authorities are obliged to prepare an equality promotion plan both from the perspectives of government activities and the employer (actions and HR policy). The plan should include an assessment of the equality situation, a description of the methods used in assessment, and concrete measures for promoting equality in government activities and at the workplace.
Pursuant to section 6 of the Non-Discrimination Act, the education provider and the educational institution maintained by it shall evaluate the realisation of equality in its activities and take any measures considered necessary to fostering the realisation of equality. Such measures shall be effective, expedient and proportionate, taking into account the educational institution’s operating environment, resources and other circumstances. The education provider must ensure that the educational institution has a plan for the measures necessary to fostering equality.
The education provider and the educational institution maintained by it must reserve an opportunity for pupils and their guardians as well as students or their representatives to be heard on the fostering measures.
The education provider is also obliged to assess equality from the employer’s perspective.
Pursuant to section 7 of the Non-Discrimination Act, an employer must assess the realisation of equality in the workplace and, while taking into account the needs of the workplace, develop the working conditions as well as the methods complied with in the selection of personnel and in making decisions concerning personnel. Such measures shall be effective, expedient and proportionate, taking into account the operating environment, resources and other circumstances.
An employer who regularly employs at least 30 persons must have a plan for measures considered necessary to the promotion of equality. Such measures and their effectiveness must be discussed with the personnel or their representatives.
A shop steward elected on the basis of a collective agreement or a collective agreement for central government, or if one has not been elected, an elected representative as referred to in the Employment Contracts Act, or another representative of the personnel who participated in the planning of non-discrimination measures, has a right to access information, on request, on what actions the employer has taken to foster equality in the workplace. The occupational safety delegate has the same right.
The following section: What is assessed? ›