National Discrimination Tribunal prohibited ethnic discrimination in the provision of banking services

National Discrimination Tribunal Press Release

The petitioner requested the National Discrimination Tribunal to prohibit discrimination in the provision of banking services and to impose a conditional fine on Nordea Bank Finland Plc, because the Bank had not accepted his French identity card as proof of identity.

The Tribunal considered that the petitioner had given a detailed and plausible account of the Bank’s conduct that he had perceived as being discriminatory when trying to obtain banking services and that had given rise to a presumption of discrimination.

The Tribunal deemed the Bank's conduct to be direct discrimination. It also considered that the refusal to serve the petitioner and his removal from the Bank's premises constituted an infringement of his dignity and integrity. In this respect, the Bank's conduct was harassment prohibited under the Non-Discrimination Act.

Harassment is a relatively serious form of discrimination prohibited under section 6(2)(3) of the Non-Discrimination Act. Therefore the Tribunal decided, after taking account of all the relevant factors, that it was necessary to impose a conditional fine of EUR 5,000 in order to enforce compliance with its injunction.

The Bank had refused to let the petitioner make a deposit on the grounds that it could not accept the petitioner's French identity card as proof of his identity although according to the agreement concluded between the Bank and the petitioner, it was to be considered an official identity document and although the Bank would have accepted a Finnish identity card as proof of identity. The Bank has not stated that it had any reason to doubt the authenticity of the petitioner's identity card.

The Tribunal considered that no official instructions or the Bank's own instructions prevented the Bank from accepting the petitioner's French identity card as proof of identity. Because the petitioner's French identity card is accepted as a travel document across the European Union, its reliability is comparable to an identity card issued by Finnish authorities when establishing a person’s identity. The Tribunal considered that the only explanation for the Bank's conduct was the petitioner's French identity card. Thus, as regards proof of identity, the Bank treated the petitioner less favourably than someone else in a similar situation without any adequate justification.

The Bank had called security to remove the petitioner from its premises because the staff had perceived the situation as threatening. The Bank has not presented any substantiated facts from which the Tribunal could conclude that the petitioner's behaviour was in fact threatening. Based on the valid official instructions and legislation, the account agreement between the Bank and the petitioner, the Bank's practice over the years and the visit to the Bank a month prior to the incident, the petitioner had a legitimate expectation that the Bank would accept his French identity card as proof of identity.

The full case report is available in Finnish and later on also in English on the Tribunal's website at
http://www.syrjintalautakunta.fi

For further information, please contact:
Rapporteur of the Tribunal
Juhani Kortteinen
tel. +358 71 878 8680
e-mail: [email protected]

THE NATIONAL DISCRIMINATION TRIBUNAL OF FINLAND

The National Discrimination Tribunal of Finland is an impartial and independent judicial body established under the Non-Discrimination Act and appointed by the Government. It deals with petitions concerning ethnic discrimination. Its decisions may be appealed to the administrative court.
Cases may be brought before the National Discrimination Tribunal by any parties who have been discriminated against, or by the Ombudsman for Minorities.

The Tribunal’s function is to give legal protection to those who consider they have been discriminated against or victimized. The Tribunal applies the Non-Discrimination Act to all natural and legal persons in private and public activities. The bodies governed by public law that fall within the scope of application of the Act include the State, municipalities, joint municipal authorities, the Evangelical Lutheran Church and the Orthodox Church.

The following issues fall outside the competence of the Tribunal: contractual employment relationships, employment relationships governed by public law, recruitment grounds, working conditions, terms of employment, personnel training and career advancement.

If a case concerning a prohibition on discrimination is or will be brought before another authority, the Tribunal may not consider it.
The Tribunal may prohibit continued or repeated discrimination or victimization based on ethnicity and impose a notice of a conditional fine to enforce compliance with its injunctions and order payment of such a fine. It may also endorse settlements between parties.

The courts, the Ombudsman for Minorities, other public authorities or associations may request an opinion from the Tribunal on the application of the Non-Discrimination Act.

The Tribunal deals with petitions free of charge, and its copies of the judgment are also free. The parties themselves are liable for other costs.

Further information on the National Discrimination Tribunal:
http://www.syrjintalautakunta.fi/en/front_page
National Discrimination Tribunal of Finland
PO Box 26
FI-00023 Government
E-mail:[email protected]