Key Benefits:
Law of the ban on discrimination due to sexual orientation, gender identity and gender expression (discriminatory law on sexual orientation) |
| Date | LOV-2013-06-21-58 |
| Ministry of | The Barne and the equality of the Children |
| Last modified | |
| Published | In 2013 booklet 9 |
| Istrontrecation | 01.01.2014 |
| Changing | |
| Announcement | 29.06.2013 10:00 pm 15.35 |
| Card title | Discrimination Act of sexual orientation |
Jf. law 21 June 2013 # 59 (gender equality between gender), law 21 June 2013 # 60 (ethnicity)), law 21 June 2013 # 61 (reduced function-in-name) and law 10 June 2005 # 40 (discriminatory ombudsman Act).
Law's purpose is to promote gender equality regardless of sexual orientation, gender identity and gender expression. Liquilling involves :
| 1. | equilibrium, |
| 2. | equal opportunity and rights, |
| 3. | availability and |
| 4. | facilitating. |
The law applies to all areas of society, with the exception of family life and other purely personal relationships.
Part Article SECTION 3. Lovens site-real scopeThe law applies throughout the country, herder on Svalbard and Jan Mayen. The law also applies on fixed and movable installations in business on Norwegian continental solosole, on Norwegian ships and Norwegian aircraft.
The king gives regulation on the law of law enforcement for the submitted workers, jf. work environment law Section 1-7.
The provisions of this law cannot be waived by appointment.
Part ArticleDiscrimination due to sexual orientation, gender identity or gender expression is prohibited. The bid applies to discrimination because of actual, assumed, earlier or future sexual orientation, gender identity, or gender expression. The bid also applies to discrimination due to sexual orientation, gender identity, or gender expression of a person to whom it is discriminated to.
With discrimination means direct and indirect difference processing that is not legal after Section 6 or Section 7. With direct difference processing, an action or avoidance that has as purpose or effect that a person is treated worse than others in the corresponding situation and that this is due to sexual orientation, gender identity, or gender expression. With indirect difference processing, any apparent neutral provision, condition, practices, action or avoidance that leads to people face worse than others, and that this is happening because of sexual orientation, gender identity or gender expression.
Difference management is not in violation of the prohibition of Section 5 when :
| a) | it has a mainly purpose, |
| b) | it is necessary to achieve the purpose and |
| c) | it is a reasonable relationship between what one wants to achieve and where the gripping difference treatment is for it or those who are faced worse. |
Positive special treatment due to sexual orientation, gender identity or gender expression is not in violation of the prohibition of Section 5 if :
| a) | The particular treatment is suitable for promoting the purposes of the law, |
| b) | it is a reasonable relationship between what one wants to achieve and where the gripping difference treatment is for it or those who are faced worse and |
| c) | The special treatment ceases when the purpose of it has been achieved. |
Tramatization due to sexual orientation, gender identity or gender expression is prohibited. With harassment, actions, avoidance or yulsions that work or have for purpose to appear offensive, terrifying, hostile, degrading or humiliating.
It is forbidden to do any return against anyone who has been promoting complaint about violations of this law, or that has given expression that complaint may be promoting. This does not apply if the complainant has been performing rough negligent. The bid also applies to witnesses in a complaint case.
It is forbidden to do any return against anyone who fails to follow an instruction that is in violation of Section 10.
Part Article SECTION 10. Offers against instructionIt is forbidden to instruct anyone about discriminating, harassing, or making retaliation in violation of this law.
Part Article SECTION 11. Offers against complicityIt is forbidden to co-seem to discriminate, harass, do return, or instruct in violation of this law.
Part ArticlePublic authorities shall work actively, targeted and plantionally for gender equality regardless of sexual orientation, gender identity or gender expression.
Part Article SECTION 13. Worklist Organizational's activity-likedWork-based organizations should work actively, targeted and planwise to promote the purpose of the law within its scope of work.
Part Article SECTION 14. The Organizers and Education institutional duty to prevent and prevent harassmentThe management of organizations and educational institutions shall within its responsible area prevention and seek to prevent the occurrence of harassment in violation of Section 8.
Part ArticleThe offerings in chapter 2 apply to all sides of an employment relationship. This includes, among other things :
| a) | out of position, |
| b) | employment, resettlement and promotion, |
| c) | training and skill development, |
| d) | pay and work terms and |
| e) | The termination of the hiring relationship. |
The first clause applies to the corresponding work-related selection and treatment of self-employed and hired Workers.
Part Article SECTION 16. Offers against acquisition of information by employmentAn employer must not in the hiring process, herbied during interview or otherwise, obtain information about the applicant's sexual orientation, gender identity and gender expression. This still does not apply to the information of the applicant's life form if :
| a) | The acquisition of the information is due to the position of the character or |
| b) | it is part of the purpose of the business to promote specific religious, cultural or political vision, and the employment holder's position will be of significance for the completion of the purpose. |
If such information will be required, this must be specified in the clearing of the position.
Part Article SECTION 17. Workgivers information-alike to work applicantA work seeker that believes passed in violation of this law may require that the employer in writing give information about the person who was hired. The employer shall disclose on education, practices, and other formal qualifications.
Part Article SECTION 18. Workgivers information-like about salaryA working holder that has suspicions of discrimination at the salary of employment may require employer written details of the salary level and the criteria for determining the salary of wages for the one or those that they compare to.
The receiving information on wages in the co-hold of this determination has confidentiality and shall be to sign a non-disclosure agreement. This does not apply to information that is being relegted by the public leglaw.
The employer that delivers salary information about an employee after this determination shall simultaneously inform the person of which information is extradited and to whom.
employers should work actively, targeted and planed to promote the purpose of the law within its business. Activity duties include among other recruitment, profis, and employment terms, promotion, development opportunities and protection against harassment. Activity duty applies to :
| a) | employers in the private sector that regularly employment more than 50 employees and |
| b) | employers in the public sector. |
employers shall account for equal level of equality that are committed and as planned committed to fulfill activity duties after Section 19.
Resettlement duties apply to businesses that have activity-liked after Section 19 and as of law are imposed on the year's report. These are supposed to take the account decisions into the business of the year.
Resettlement duties also apply to public government and public enterprises that are not required to draft the year-out. These are supposed to take the account decisions into the year's budget.
employers should be prevented and seek to prevent it from occurring harassment in violation of Section 8.
Part ArticleThe Liquillings and the discrimination Messenger and the Liquillings and the discrimination Board shall enforce and co-interact with the completion of this law, jf. The discrimination ombudsman Act. The edict and the Board shall still not enforce the rules of :
| a) | active gender equality work in Chapter 3 and Section 19, |
| b) | treatment of salary information in Section 18 other clauses or |
| c) | The satisfaction and replacement in Section 24. |
It is to be added that discrimination has taken place if :
| a) | there are circumstances that give reason to believe that it has happened discrimination and |
| b) | the responsible not probabilising that discrimination nonetheless has not taken place. |
This applies to the alleged violations of the provisions of Chapter 2 and Section 15 and 16.
Part Article SECTION 24 Achiections and damagesThe one that has been discriminated may require repartee and damages. This applies to violations of the provisions of Chapter 2 and Section 15 and 16.
In hiring conditions, the responsibility of responsibility regardless of whether the employer can be rebated for the discrimination. In other community areas, the responsibility applies if the person who has discriminated can be decelated for this.
The replacement should cover economic losses as a result of the discrimination. The rise of non-economic damage is determined to what is reasonable from the scope of its scope and species, the couple's conditions and circumstances of the otherwise.
These rules do not limit the person's right to demand satisfaction and damages by ordinary replacement rules.
In cases processed by the Liquillings and the discriminatory and the Liquillings and the discrimination Board, an organization that has completely or partly has for purposes to work against discrimination is used as a deputy.
In cases of the courts, a person designated by and with association with an organization that has completely or partly has for purpose to work against discrimination is used as a process deputy. This does not apply to the Supreme Court. The court can refuse to accept a process warrant if it is due to the court's discretion that the process-deputy does not have sufficient qualifications to safeguard the party's interests in a satisfactory manner. A process deputy is due to the side of the warrant as mentioned in the tweet Act Section 3-4 to the same time presented written orientation from the organization of the process deputies of the company.
The law applies from the time the King decides. 1
| 1 | From 1 jan 2014 ifg. res. 21 June 2013 # 703. |
The writings given in co-law of law 17. June 2005 No. 62 about work environment, working hours and showroom mv. and law 9. June 1978 No. 45 about gender equality between the sexes also applies after the law here has stepped into effect.
Part Article
