What is discrimination?

Discrimination, according to the Discrimination Act (2008:567), refers to a situation where a person is treated unfavorably, and where there is a connection between this unfavorable treatment and one of the grounds for discrimination. Direct discrimination means that someone is treated worse than another person in a comparable situation. Indirect discrimination means that someone is treated unfavorably due to the application of a provision, criterion, or procedure that appears neutral but may disproportionately disadvantage certain individuals.

The grounds for discrimination are sex, transgender identity or expression, ethnic origin, religion or belief, disability, sexual orientation, and age.

In Sweden, employers generally have the right to freedom of employment. This means that employers have the right to hire the job applicant of their choice. However, this freedom is more limited for certain public employers, who are obligated to adhere to objective grounds such as merit and competence.

Regardless of the sector, the freedom of employment is limited by anti-discrimination legislation. An employer may not discriminate against a job applicant based on any of the grounds for discrimination.

There are certain exceptions to the prohibition on discrimination in recruitment. These are stated in Section 2 of the Discrimination Act. Whether an employer is allowed to differentiate between individuals based on one or more grounds for discrimination depends on the circumstances of the individual case.

Examples of permissible differentiation based on a ground for discrimination include positive discrimination based on sex, specific occupational requirements that are relevant to the job, discrimination based on age, and the application of age limits for benefits such as pensions.

What does the research show?

The research presented in the Discrimination Ombudsman's research overview showed, among other things, that job applicants with Arab-sounding names receive fewer invitations to job interviews. Studies also show that qualifications and experiences are interpreted differently depending on how the recruiter perceives the ethnic origin of the job applicant, and that employers, according to the presented research, are less likely to hire individuals with disabilities.

The presented research also revealed that the selection process during recruitment is influenced by whether the industry or workplace is already male- or female-dominated. This same-sex favoritism also applies to the gender of the recruiter. For example, women are more likely to recruit other women for female-dominated workplaces, and vice versa. It is also evident that gender stereotypes can lead to disadvantageous treatment. For example, women are less likely to be hired for positions that are further away from their homes.

Furthermore, the research overview shows that the percentage of positive responses to job applications decreases already from the age of 40 and further decreases with increasing age.

In summary

  • Obligation under the Discrimination Act: An employer is obliged to take proactive measures
  • under the Discrimination Act to combat discrimination, especially in recruitment.
  • Preventive and promotional work: The employer must conduct long-term and systematic work to promote equal rights and opportunities for all.
  • Updating through resources: Stay updated as an employer by consulting materials from, for example, the Discrimination Ombudsman, including support materials on recruitment and research summaries.
  • Important considerations: The Discrimination Ombudsman's research summary provides guidance by highlighting important points and questions that employers should consider in their work against discrimination.
  • The importance of research: Studies show the existence of discrimination in the labour market, underscoring the importance of employers actively working to counter the risk of discrimination, especially in recruitment.

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