ABSTRACT
In Estonia the prohibition of discrimination is contained in two Acts: the Gender Equality Act and the Equal Treatment Act. The Gender Equality Act entered into force on May 1, 2004, and was amended on September 24, 2009. It defines gender equality, and prohibits direct and indirect discrimination based on sex. Discrimination and harassment are defined consistently with the EU directives. The employer is responsible for failure to perform the duty of care if he/she is aware or should reasonably be aware that sexual harassment has occurred and fails to apply the necessary measures to terminate such harassment. The Occupational Health and Safety Act, 1999, states, in relevant part, that psychological factors present in the working environment shall not endanger the life or health of employees or that of other persons in the working environment. In order to prevent the physical and mental stress of employees, the employer shall adapt the work to suit the employees as much as possible.
