What is workplace discrimination?

For employees

What is workplace discrimination?

As an employee, you are protected against discrimination during the job application process and in the workplace. The grounds for discrimination are gender, gender identity or expression, ethnic origin, religion, disability, sexual orientation, and age. You are protected from both direct and indirect unfair treatment based on these grounds.

You are also protected against retaliation for pointing out the employer's violations of the law, participating in an investigation, or refusing to comply with or tolerate the employer's harassment or sexual harassment.

What does your protection against discrimination entail?

The employer must investigate and assess risks of retaliation and discrimination, and take preventive measures. Certain preferential treatment is allowed if it is in accordance with the law and usually based on a legitimate purpose. In cases of discrimination, the employer may be required to pay compensation, and you can report the matter to the Equality Ombudsman (EO).

You are also protected against harassment and sexual harassment. If you inform the employer that you have been subjected to harassment in connection with your work, the employer is obliged to investigate and take measures to prevent further harassment.

For employers

What responsibility do employers have in preventing and countering discrimination?

As an employer, you have a responsibility to prevent and counter discrimination based on the seven grounds of discrimination: gender, gender identity or expression, ethnic origin, religion, disability, sexual orientation, and age. This applies to recruitment, throughout the employment relationship, and when terminating an employment. You must not unfairly treat an employee directly or indirectly based on these grounds, but certain preferential treatment is allowed if it is in accordance with the law and has a legitimate purpose.

Furthermore, employees are protected against retaliation from you as an employer for pointing out your violations of the law, participating in an investigation according to the law, or refusing or complying with your harassment or sexual harassment.

You must investigate risks of discrimination or retaliation, analyze causes, take preventive measures, and continuously evaluate your work. This includes reviewing working conditions, salaries, terms of employment, recruitment, promotion, training, and opportunities to balance work and parenthood. It may involve mapping routines, developing action plans for equal treatment, and training staff on discrimination. You must also provide certain information to the Equality Ombudsman upon request.

Furthermore, if you as an employer become aware that an employee considers themselves to have been harassed or sexually harassed, you must investigate and take measures to prevent further harassment. You also have a duty to have guidelines and procedures to prevent harassment, sexual harassment, and retaliation.

In summary

• As an employee, you have protection against discrimination, harassment, sexual harassment, and retaliation from your employer or prospective employer throughout your employment, from the application process to the end of employment.
• If you as an employee feel discriminated against, you can turn to the employer or the Equality Ombudsman.
• If you as an employee feel that you have been harassed or sexually harassed, you can turn to your employer, who then has an obligation to investigate.
• As an employer, you have an obligation not to disadvantage employees or job applicants based on the seven grounds for discrimination.
• As an employer, you also have an obligation to investigate discrimination, harassment of various kinds, as well as the risks of these and retaliation, and to prevent these risks through proactive measures.