In Swedish law, there is a prohibition against discrimination in the labor market. An employer should not only avoid what is prohibited by the Discrimination Act, but also have an obligation to counteract discrimination and promote equal rights. This is summarized by the concept of active measures. It can be questioned what active measures actually mean and what obligations the employer has.
Active measures are preventive and promotional work to counteract discrimination within an organization. The employer should continuously take active measures based on all grounds for discrimination. The grounds for discrimination are gender, transgender identity or expression, ethnic origin, religion or other belief, disability, sexual orientation, or age.
The employer should continuously conduct preventive work by examining the risks of discrimination, analyzing the causes of identified risks and obstacles to equal rights and opportunities in the organization, taking preventive and promotional measures that can reasonably be required, and following up and evaluating the work.
These measures should be implemented in the following areas: working conditions, wages and other terms of employment, recruitment and promotion, training and other skills development, and parenthood and work.
The work on active measures should be done in consultation with the employees. Sometimes, they are represented by representatives or trade unions. The employer is obligated to provide the employee organization that they are bound by a collective agreement with the information necessary to cooperate in the work on active measures.
The extent of the analysis that the employer is required to do depends on the nature and scope of the organization. The adequacy of the measures depends on the needs, resources, and circumstances of the individual case. According to the Discrimination Act, the measures should be timetabled and implemented as soon as possible. The employer is also obligated to have guidelines and procedures for the organization in order to prevent harassment and reprisals.
Employers with at least twenty-five employees are required to document in writing all aspects of the ongoing work on active measures. Employers with at least ten employees are required to document the work on wage surveys.
An employer who does not comply with the requirements of the law regarding active measures can be ordered by the Discrimination Ombudsman to fulfill the work under penalty.
It can be difficult to know how the work on active measures should be carried out in practice and whether the legal requirements for measures are fulfilled. We at Alex AB (publ.) are experts in labor law. Whether you are an employer or an employee, you are welcome to contact us with questions and advice regarding discrimination, active measures, or other labor law issues. Please feel free to book an initial 30-minute conversation with us at alexapp.se!
