Summary

Almost twenty years after the principle of equal treatment was established for the European Community, Directive 2002/73/EÜ of the European Parliament and Council was adopted on 23 September 2002. This Directive, binding for the Member States, defined for the first time the concept of sexual harassment, and minimum standards were set for hindering and preventing discrimination. The Directive obliged the Member States to transpose the principles laid down in the Directive into national legal acts by October 2005 at the latest. Up until 1 May 2004, Estonian law contained no regulation prohibiting sexual harassment, discrimination being defined only generally in legal acts. As of 1 May 2004 Estonia has a Gender Equality Act, which does define the concept of sexual harassment.

This article examines whether the Gender Equality Act, which in Estonia also covers sexual harassment, ensures the defence of the opposite party in sexual harassment in a way that is in accord with the standards recognised in the European Union. The article also analyses the employer’s obligation of diligence and the responsibility of the employer in preventing and eliminating sexual harassment, and the specific character of the burden of proof in discrimination matters.