Equal treatment commissioner: Discounts cannot be gender-based

Businesses are free to run various promotional campaigns, however they cannot price products differently based on a customer's gender, said Christian Veske, Estonia's gender equality and equal treatment commissioner.
The commissioner was contacted by someone who wanted to know whether gender-based discounts on goods and services are gender-discriminatory. They cited as an example a real estate company offering women apartments for 5 percent cheaper as part of a special deal.
Veske noted that in Estonia, the prohibition on discrimination applies across all areas of society, except in the case of temporary special measures aimed at promoting gender equality. These, however, must be appropriate, necessary and proportionate as well as analysis-based.
"If the sole purpose of a discount on goods and services is commercial, that does not constitute a legitimate aim," Veske explained. "Therefore, if a promotional discount lacks a direct inequality-reducing or other legitimate objective and its sole purpose is commercial, then it's a discriminatory practice on the grounds of gender."
He added that the short duration or limited scope of a promotion are no arguments for justifying an exception.
The commissioner pointed out that the principle of equal treatment does not mean that goods and services should always be equally accessible to every gender; they can't, however, be offered to one gender for cheaper.
For example, a store that sells only clothes marketed to men but doesn't restrict women's access to its goods, including by charging different prices, is still consistent with the principle of equal treatment.
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Editor: Karin Koppel, Aili Vahtla