Chapter 1. Introductory provisions
The purpose of the law
section 1 of this Act has the objective to combat discrimination
and in other ways promote equal rights and opportunities
regardless of gender, transgender identity or expression,
ethnicity, religion or other belief,
disability, sexual orientation or age.
Law (2014:958).
The law's content
section 2 of the Act's first chapter contains definitions and other
introductory provisions. In the second chapter provided for
prohibitions against discrimination and retaliation. In the third chapter
There are rules on active measures. In the fourth chapter, see
provisions on supervision. In the fifth chapter contains provisions on
compensation and invalidity. In the sixth chapter includes provisions
If the trial.
The law is enforced
paragraph 3 of The agreement which restrict anyone's rights or
obligations under this law is without effect in the end.
Discrimination
paragraph 4 of this law, ' discrimination
1. direct discrimination: that someone is disadvantaged by
treated worse than another is, has been
or would be treated in a comparable situation, if
the discrimination related to gender, transgender
identity or expression, ethnicity, religion or
other belief, disability, sexual orientation
or age,
2. indirect discrimination: that someone is disadvantaged by
applying a provision, criterion or
practice which seems neutral but which may be
to specifically discriminate against people of a certain gender, certain
Transgender identity or expression, certain ethnic
affiliation, some religion or other belief, certain
disabilities, sexual orientation, or age,
unless that provision, criterion or practice
have a legitimate aim and the means used are appropriate
and necessary to achieve the purpose,
3. accessibility: a person with a
disabilities are disadvantaged by such measures
availability has not been taken to the person to
get in a situation comparable to that of people without this
disabilities that are reasonable based on the requirements of
availability of law and regulation, and taking into account
to
– the economic and practical conditions,
-the duration and extent of the relationship or
the contact between the operator and the individual, and
– other circumstances of importance,
4. harassment: conduct that violates a person's dignity
and related to any of the grounds of discrimination
sex, transgender identity or expression, ethnicity,
origin, religion or other belief,
disability, sexual orientation or age;
5. sexual harassment: conduct of a sexual nature
that violates someone's dignity,
6. instructions to discriminate: orders or instructions
to discriminate in a manner referred to in 1 to 5 which
be left to someone who is in obedience or dependency relation
to the order or instruction or as
vis-à-vis this committed to fulfill a mission.
Law (2014:958).
Sex, transgender identity or expression, ethnicity,
affiliation, disability, sexual orientation and
age
5 for the purposes of this Act, section
1. sex: that someone is male or female,
2. transgender identity or expression: that someone does not
identify as a woman or a man, or by their clothing
or otherwise give expression to belong to another
sex,
3. ethnicity: national or ethnic origin,
skin color or other similar relationship,
4. disability: long-term physical, mental, or
intellectual limitations on a person's
functional ability which as a result of an injury or a disease
at birth, has occurred then or can be expected to
arise,
5. sexual orientation: homosexual, bisexual or
heterosexual orientation, and
6. age: reaching the length of life.
Even if you intend to modify or have modified their
gender is covered by the discrimination plea sex.
Law (2014:958).
Chapter 2. Prohibitions against discrimination and retaliation
Working life
Prohibition of discrimination
§ 1 an employer may not discriminate against those who in
the employer
1. are workers,
2. make a request or are looking for work,
3. seeking or performing practice, or
4. available to perform or performs work that
hired or borrowed labour.
Prohibition of discrimination in the form of lack of
availability does not apply in respect of the
request for work.
The one in the employer's place has the right to decide on matters
concerning any referred to in the first subparagraph shall be treated as
the employer. Law (2014:958).
section 2 of the prohibition in paragraph 1 shall not prevent the
1. discrimination arising from a property that is ancillary to
with any of the grounds of discrimination if, in deciding on
employment, promotion or training for promotion,
the result of the nature or the context in which
the work is carried out constitutes a genuine and determining occupational requirements
has a legitimate purpose and requirement is appropriate and necessary
in order to achieve the objective,
2. measures which are a step in the efforts to promote gender equality
between women and men and which relate to other than wages or other
conditions of employment,
3. the application of age limits for entitlement to a pension,
survivors ' or disability benefits in contracts
or collective agreement, or
4. difference of treatment on grounds of age, if it has a legitimate
the aim and the means used are appropriate and necessary for
to achieve the aim.
Obligation to investigate and take action against harassment
3 § If an employer becomes aware that a worker
considers itself to in connection with the work to have been a victim of
harassment or sexual harassment by someone who performs
work or performing internship with the employer is
the employer is obliged to investigate the circumstances surrounding the
reported the harassment and, where appropriate, to take the
measures that may reasonably be required to avoid harassment
in the future.
The obligation also applies in relation to the performing
internship or work as hired or borrowed
labour.
Statement of qualifications
section 4 If a job applicant is not hired or taken out to
job interview, or if a worker does not have
promoted or taken out for training for promotion,
the applicant, on request, a written assignment of employer if
What training, professional experience and other qualifications it had
charged to the job interview or receiving work
or educational activities.
Education
Prohibition of discrimination
§ 5 The carrying on activities referred to in the Education Act
(2010:800) or other training activities
(providers) shall not discriminate against any children or
any student, the student or students involved in or seeking
to the business. Employees and contractors in
activities shall be equated with education provider when the
acting within the framework of the employment or assignment.
Law (2014:958).
section 6 of the prohibition laid down in paragraph 5 shall not preclude the
1. measures which are a step in the efforts to promote
equality between women and men in access to other
education than that referred to in the Education Act (2010:800),
2. application of provisions which take into account the age of the
question about education in kindergarten, pre-school class,
primary schools, vocational programs, same school, special school or
holiday home, or such educational activities as referred to in
25 Cape. the Education Act, or
3. differences of treatment on grounds of age, if it has a legitimate
the aim and the means used are appropriate and necessary for
to achieve the aim.
The ban does not prevent a folk high school, or a
community group is taking measures which are a step in the efforts to
promoting equal rights and opportunities regardless of their ethnic
origin, religion or other belief.
Law (2010:861).
Obligation to investigate and take action against harassment
section 7 Of the education provider becomes aware that a child
or a pupil, student, or students participating in or
looking to the contrary, the business considers itself to in
the activities have been the victim of harassment
or sexual harassment, the education provider required
to investigate the circumstances surrounding the reported harassment
and, where appropriate, take the measures which might reasonably be
required to prevent harassment in the future.
Statement of qualifications
section 8 if an applicant has been denied access to an education,
or not taken out to test or interview if such
procedure for admission, the applicant must, upon request,
get a written assignment of the education provider as to which
training or other qualifications it had who was admitted to
training or taken out to test or interview.
Labour market policies and employment services without
public quests
9 § discrimination against job applicants or employees are
prohibited in terms of labour market policy activities, and
employment agency without public mission.
The ban does not, however, prevent
1. measures which are a step in the efforts to promote gender equality
between women and men and equal rights and opportunities
regardless of ethnicity, or
2. differences of treatment on grounds of age, if it has a legitimate
the aim and the means used are appropriate and necessary for
to achieve the aim.
Start or pursuit of an economic activity, as well as
professional recognition
10 § discrimination is prohibited in the case of
1. financial support, authorization, registration or similar
needed or can be important for someone to be able to start
or engage in commercial activity, and
2. permissions, authentication, authorisation, registration,
approval or similar is needed or can be significant
for someone to be able to exercise a certain profession.
The prohibitions do not prevent differences of treatment on grounds of age, if the
have a legitimate aim and the means used are appropriate
and necessary to achieve the purpose.
The prohibition referred to in the first subparagraph 1 does not prevent measures in
the case of aid which is part of the efforts to promote
equality between women and men and equal rights and
opportunities, regardless of ethnicity.
Membership in certain organizations
section 11 discrimination is prohibited in the case of
1. membership or participation in a Trade Union,
employers ' organisation or occupational organisation, and
2. benefits that an organization provides to its
members.
The ban does not prevent an organisation provides
members of one sex benefits that are part of efforts to
promote equality between women and men.
Goods, services and housing etc.
12 § discrimination is prohibited for those who
1. outside the private and family life provide goods,
services or housing to the public, or
2. organizing a public meeting or a public
event.
The who in relation to the public represent the referred to
in the first subparagraph shall be equated with him. Law (2012:483).
12 a of the prohibition of discrimination in section 12 relating to
sex does not mean that women and men are treated differently in terms
If services or housing, if it has a legitimate purpose
and the means used are appropriate and necessary to
achieve the aim.
For insurance services, individual
insurance premiums or claims must not be
differ between women and men on the basis of calculations
based on sex. Although this may, if the conditions laid down in the first
subparagraph are met, a person's gender prejudice
assessment of other factors such as calculations of
insurance premiums are based on. Law (2012, 673).
12 b of the prohibition of discrimination in section 12 relating to
age
1. does not prevent the application of provisions of the law
provides for certain age,
2. does not apply to the provision of insurance services,
3. do not prevent the application of the lower age limits for
access to the dining areas for professionally undertaken
serving spirit drinks, wine, strong beer and other fermented
alcoholic beverages, for which the trader has
licence, and
4. does not prevent other differences of treatment on grounds of age
If it has a legitimate aim and the means
used are appropriate and necessary to achieve the purpose.
Law (2012, 673).
12 c § prohibition of discrimination in the form of lack of
availability in 12 paragraph 1 does not apply
1. in the case of housing,
2. for private individuals,
3. for companies such as at the last calendar year
employing fewer than 10 workers, and
4. If, in respect of the supply of goods and services
required action on buildings and constructions
go beyond the requirements of accessibility and usability that has
secured planning permission or start statement for the current
property or the construction works under the planning and building Act
(2010:900) or over the corresponding provisions and according to
regulations issued pursuant to these regulations.
Law (2014:958).
Health care and social services, etc.
section 13, discrimination is prohibited in the case of
1. health and medical services and other medical operations,
2. activities in the field of social services, and
3. aid in the form of Paratransit and equal service and
bostadsanpassnings contribution. Law (2012, 673).
13 a of the prohibition of discrimination in section 13 (1) and (2) that has
context of sex does not mean that women and men are treated
different, if it has a legitimate aim and the means
used are appropriate and necessary to achieve the purpose.
Law (2012, 673).
13 b of the prohibition of discrimination in section 13 related to
age does not prevent
1. application of the provisions of the law that provides for certain
age, or
2. other differences of treatment on grounds of age if it is
have a legitimate aim and the means used are appropriate
and necessary to achieve the purpose. Law (2012, 673).
The social security system, unemployment insurance and
student financial aid
section 14 of the discrimination is prohibited in the case of
1. social security and benefit systems,
2. unemployment insurance, and
3. State financial aid.
Law (2012, 673).
14 a of the prohibition of discrimination in section 14 1 associated
with the queue does not prevent the application of provisions of the law on
widow's pension, wife extensions or payment of child support.
Law (2012, 673).
14 b of the prohibition of discrimination in section 14 in connection with
age does not prevent
1. application of the provisions of the law that provides for certain
age, or
2. other differences of treatment on grounds of age if it is
have a legitimate aim and the means used are appropriate
and necessary to achieve the purpose. Law (2012, 673).
Military service and civilian service
Military service and civilian service as well as other corresponding military
training in the armed forces
section 15 discrimination is prohibited
1. in the case of patterning or other description of personal
conditions under the Act (1994:1809) about national service
and by checking for and during the performance of military service
or civilian service, as well as
2. at the admission examination to as well as during the performance of
other equivalent military training in the armed forces.
The ban does not apply to discrimination related to
age.
The ban does not prevent the application of provisions on
a totalförsvarspliktig should not be called to military enlistment
or called up to military service or civilian service if he or
She refers to their adherence to particular religious
communities. Law (2010:464).
Obligation to investigate and take action against harassment
section 16 If an authority or an organization covered by the
the prohibition in section 15, becomes aware that a person seeking to
or participate in training or other activities as specified in
the provision considers itself to in connection therewith have been exposed to
harassment or sexual harassment, the authority
or organization required to investigate the facts
about the reported harassment and, where appropriate,
take all measures reasonably necessary to prevent
harassment in the future.
The first paragraph does not apply to harassment in connection
with age. Law (2010:464).
Public employment
section 17 of the discrimination is prohibited even in cases other than that
referred to in 5 or 9-15 § § when the wholly or partly covered
of the Act (1994:260) on public employment
1. assists the general public with information, guidance, advice or
other such help, or
2. otherwise in employment have contacts with
members of the public. Law (2012, 673).
Prohibition against reprisals
section 18 of an employer may not expose a worker to
reprisals on the ground that the employee
1. notified or pointed out that the employer acted in contravention of the
the law,
2. participated in an investigation under the Act, or
3. rejected or complied with in the employer's harassment or
sexual harassment.
The ban also applies in relation to that of the
the employer
1. make an inquiry about or are looking for work,
2. seeking or performing practice, or
3. available to perform or performs work that
hired or borrowed labour.
The one in the employer's place has the right to decide on matters
concerning any referred to in the first or second subparagraph, the
equated with the employer.
section 19 of The claimed to have acted in contravention of the provisions of 2
Cape. 5, 7, 9, 10, 11, 12, 12A, 13, 14, 15, 16 or 17 § or
Chapter 3. 15 or 16 sections, must not expose individuals
reprisals because he or she
1. notified or condemned such actions,
2. participated in an investigation under the Act, or
3. rejected or annexed in harassment or sexual
harassment from the allegedly discriminated against.
Law (2012:483).
Chapter 3. Active measures
Working life
Cooperation between employers and workers
section 1 of the employers and employees to interact on active
measures to achieve equal rights and opportunities in
employment regardless of sex, ethnicity, religion or
other belief, and in particular discrimination in
employment on such grounds.
section 2 of the Employer and the workers shall, in particular, seem to
equalise and prevent differences in pay and other
conditions of employment between men and women performing work
is to be regarded as equal or equivalent. They should also promote
equal opportunities for women and men wage developments.
A work is considered to be equivalent to another work
on the basis of an overall assessment of the requirements work
set and its nature can be regarded as having equal value as the other
the work. The assessment of the requirements of the work places should be made with
consideration of criteria such as knowledge and skills, responsibility and
effort. In assessing the nature of the work, in particular
working conditions should be taken into account.
Targeted work
section 3 of the employer shall, within the framework of its business conduct
targeted work to actively promote equal rights and
opportunities in employment regardless of sex, ethnicity,
religion or other belief.
Details relating to the employer's obligations, see 4-
13 sections.
Working conditions
4 § the employer shall implement the measures taking into account
to the employer's resources, and the circumstances in General can
be required to the working conditions should be suitable for all
workers regardless of gender, ethnicity, religion or
other belief.
§ 5 the employer shall facilitate for both female and male
workers to combine gainful employment and parenthood.
section 6, the employer shall take measures to prevent and
prevent any worker exposed to harassment or
reprisals in connection with sex, race,
religion or other belief, or sexual
harassment.
Recruitment
section 7 the employer shall endeavour to people regardless of gender,
ethnicity, religion or other belief is given
to search job opportunities.
§ 8 the employer shall, by means of training, skills development and
other appropriate measures to promote a balanced participation of
women and men in different types of work and within different
categories of workers.
§ 9 When the workplace is not an essentially smooth
participation of women and men in a certain type of work, or
within a particular category of workers, the employer shall at
new employees especially make an effort to get the applicant of
the under-represented sex. The employer must try to see
the proportion of the under-represented sex
gradually increases.
However, the first subparagraph shall not apply where special reasons
against such actions or measures cannot reasonably be required
with respect to the employer's resources and circumstances of
otherwise.
Pay issues
paragraph 10 in order to detect, correct and prevent unjustified
differences in pay and other conditions of employment of women
and men every three years, the employer must identify and
analyze
-rules and practices relating to salaries and other
conditions of employment shall apply in the employer, and
-differences in pay between women and men who carry out work that is
to be regarded as equal or equivalent.
The employer must assess whether, if the pay gap has
directly or indirectly associated with the queue. The assessment shall in particular
refer to differences between
-women and men who carry out work that is considered to be
equal, and
-Group of workers who perform work or tend to
considered to be female dominated and together with workers who perform
work that is to be regarded as equivalent to such work but
are not usually considered female-dominated or.
section 11 every three years, the employer must draw up an action plan
for equal pay and which present the results of
the mapping and analysis under section 10. The plan should set out
the salary adjustments and other measures that need to be taken
to achieve equal pay for work which is equal
or equivalent. The plan shall contain a cost estimate and
a timing based on the objective of the pay adjustments
needed to be implemented as soon as possible and at the latest within
three years.
A report and an evaluation of how the planned
the measures implemented should be included in the subsequent action plan.
The obligation to draw up an action plan for equal pay
does not apply to employers who in the last calendar year
employing fewer than 25 workers.
section 12 the employer shall provide a workers ' organization in
relation to which the employer is bound by the
collective agreement with the information needed to
the Organization should be able to cooperate in mapping, analysis
and the establishment of an action plan for equal pay.
Refer to the information data on pay or other conditions
concerning an individual worker rules apply if
professional secrecy and damages in 21, 22 and 56 of the Act
(1976:580) for participation in working life. In the public
activities should apply rather than 10. 11-14 sections and 12 Cape.
section 2 of the public access to information and secrecy (2009:400).
Law (2009:526).
Equal opportunities plan
section 13, every three years, the employer must establish a plan for its
gender equality work. The plan should contain an overview of the
measures under sections 4 to 9 as needed in the workplace and a
statement of which of these measures that the employer refers to
to begin or carry out in the coming years.
The plan shall also contain an outline of the
action plan for equal pay that the employer must make
According to section 11.
An explanation of how the proposed measures referred to in the first
the paragraph has been implemented should be included in subsequent plan.
The obligation to draw up an equality plan does not apply to
employers in the last calendar year, the
fewer than 25 workers.
Education
Targeted work
section 14 of the education provider that conducts training or
other activities under the Education Act (2010:800), education
According to the higher education Act (1992:1434), or training can
leading to a degree under the Act (1993:792) for permission
to issue certain degrees, within the framework of these activities
conduct a targeted effort to actively promote equal
rights and opportunities for children, students or
students who participate in or are looking into activities, regardless
gender, ethnicity, religion or other
belief, disability or sexual
orientation.
The methods of education organiser's obligations
see paragraphs 15 and 16. Law (2014:958).
Preventing harassment
section 15 of the education provider as referred to in section 14 shall take
measures to prevent and prohibit any child or
any pupil or student participating in or seeking to
activities are subjected to harassment in connection with
gender, ethnicity, religion or other
belief, disability or sexual orientation
or for sexual harassment. Law (2014:958).
Equal treatment plan
section 16 of the education provider as referred to in section 14 shall annually
establish a plan with an overview of the steps necessary
to promote equal rights and opportunities for the
children, pupils or students participating in or seeking to
business, regardless of gender, ethnicity, religion
or other belief, disability or
sexual orientation, on the one hand prevent "harassment
referred to in section 15. The plan shall contain a statement of the
which of these measures as education provider intends to
begin or carry out in the coming year.
An explanation of how the proposed measures referred to in the first
the paragraph has been implemented should be included in subsequent annual plan.
Law (2014:958).
Chapter 4. Supervision
The Equality Ombudsman
The Discrimination Ombudsman information
section 1 of the Equality Ombudsman shall supervise the
This law is followed. The Ombudsman shall in the first instance, try to get them
covered by the Act to voluntarily comply.
Provisions concerning the Ombudsman's information can also be found in the law
(2008:568) if the Discrimination Ombudsman.
section 2 Of Chapter 6. section 2 States that the Equality Ombudsman,
bring an action in court for an individual who admits it.
Obligation to provide data
section 3 of The covered by the prohibitions on discrimination and
reprisals, of the obligation to investigate and take action against
harassment or of rules on active measures in this
law is obliged, upon request by the Equality Ombudsman
1. submit the information relating to the conditions in the business that may
have significance for the supervision,
2. Please provide information on the merits when the Ombudsman assists a
request by an individual pursuant to Chapter 2. 4 or 8 §,
3. give the Ombudsman access to workstations or other
premises where the activities are carried out for investigations that may have
importance of supervision, and
4. come to the discussions with the Ombudsman.
Requirement of 1-3 shall not apply in individual cases
However, there are special reasons.
VITE
section 4 of The who fails to comply with a request made under paragraph 3 may by
The Equality Ombudsman to under penalty carry out their
obligation. A decision on the imposition of fines may be appealed to the
Board against discrimination.
An application of penalty payment mechanism under the first subparagraph shall be notified.
Law (2010:1979).
§ 5 The who fails to fulfil his obligations in the case of active
measures referred to in Chapter 3. 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15
or section 16 can be submitted under penalty to fulfill them.
injunction granted by the Board against discrimination on
production of the Equality Ombudsman. The order may
be directed also against the State as an employer or as principal for
training activities.
If the Ombudsman declared that they will make a request
to the Board about the imposition of fines, a central
workers ' organization in relation to the employer
is bound by the collective agreement, a petition in respect of
positive action in employment according to Chapter 3. 4-13 sections.
The petition shall set out the measures to be imposed on the
as the petition is directed against, what reasons relied on in
support for the production and the investigation has been done.
Appeal a ban
section 6 of the other decisions of the Equality Ombudsman under this
law than the decision on penalties pursuant to section 4 shall not
subject to appeal.
Board against discrimination
The Board's tasks
section 7 of the anti-discrimination Board hears requests for
penalties under section 5, and appeals from decisions of
penalties under section 4. In dealing with cases
apply 8-15 a of. Law (2010:1979).
Examining a request for penalty payment mechanism
section 8 as a request for penalty payment mechanism is directed against
shall be communicated to that within a certain period of time give its opinion on
the request and provide the information about conditions in their
activities Committee against discrimination needs for its
trial.
When a Trade Union made the request shall
The Equality Ombudsman is given the opportunity to comment.
§ 9 the Board against discrimination should ensure that cases will be
sufficiently investigated. When necessary, the Board let
complete the investigation. Redundant investigation may be rejected.
section 10 of the cases of discrimination, the Board is determined after
hearing, except when the Board considers that any such
hearing not required.
section 11 to a hearing Board against discrimination should call
the person who made the request with the Board and the
the petition is directed against. If necessary for the investigation,
the Board also to call others to the hearing.
The Board may under penalty to the who request is directed
against or his representative to appear in person.
section 12 of a case if the imposition of fines must be decided, even if the
as the petition is directed against not manifests itself in the matter, not
involved in the investigation or are absent from the oral
negotiation.
If the Equality Ombudsman, or the
employee organization who made the request for
application of penalty payment mechanism are absent from a hearing expires
request for penalty payment mechanism.
paragraph 13 of the Committee against discrimination, when hearing a
case if the imposition of fines, impose whosoever representation
directed to take measures other than those requested in the
the request, if the other measures is not manifestly more
burdensome for him.
The decision shall specify the Board how and the time within which the measures
should be initiated or implemented.
The Board's decision shall be in writing and communicated to the
the petition is directed against.
The fate of the contested decision on the imposition of fines
section 14 in dealing with a appealed the decision on the
application of penalty payment mechanism shall apply paragraphs 9 and 10.
section 15 to a hearing Board against discrimination should call
the who has appealed the decision on the imposition of fines and
The Equality Ombudsman. If necessary for the investigation,
the Board also to call others to the hearing.
The Board may under penalty to the who has appealed the decision
or his representative to appear in person.
Service of documents
15 a of the notice under section 8, notice of a hearing under
11 or section 15 and any other documents that an employer or
someone else should be provided to be served. Law (2010:1979).
Appeal a ban
paragraph 16 of Decision under this Act by the Board against discrimination,
not subject to appeal.
Imposition of a penalty payment
section 17 of the action for imposing penalty payments submitted under this
the team brought in City Court by the Equality Ombudsman.
In the case of imposition of liquidated damages, the District Court judge also fine
fitness.
The Board of appeal for higher education
section 18 a decision by a university or college with
the State as a principal must, in terms of education according to
the higher education Act (1992:1434), may be appealed to the
The Board of appeal for higher education on the basis that the decision
contrary to
1. the prohibition of discrimination laid down in Chapter 2. section 5, if the decision relates to
a. access to education,
b. accreditation of education,
c. deferred studies or continuation of studies
study break,
d. change of supervisor,
e. withdrawal of tutors and other resources in education
at the graduate level,
f. training grants for graduate students, or
g. an intervention measure against a student,
2. the prohibition of discrimination laid down in Chapter 1. 4 section 3, or
3. Prohibition of retaliation in Chapter 2. § 19.
If the Board of appeal finds that the contested decision
violates any of the prohibitions, and that this can be assumed to have
affected the outcome, the decision and the case, if
It is necessary, are shown back to the University or school of
new trial.
If a decision can be appealed against under any other statutes,
should the appeal be made in the order provided for in
rather than according to the first paragraph. Law (2014:958).
paragraph 19 of Decision under this Act by the Board of appeal
high school may not be appealed.
Chapter 5. Compensation and invalidity
Compensation
1 § the contravenes the prohibitions against discrimination or
retaliation or which does not fulfil its obligations to
investigate and take action against harassment or sexual
harassment under this Act shall pay
discrimination compensation for the violation that the infringement
means. When remuneration is determined, in particular, the aim of
prevent such infringements of the law are taken into account. Compensation
to be paid to the person are violated by the infringement.
An employer who violates Chapter 2. Article 1, first paragraph
or section 18 should also pay compensation for the loss
arise. However, this does not apply to loss arising from the
decisions related to employment or promotion. It does not apply
either loss arising by reason of discrimination
in terms of accessibility.
If there are special reasons, compensation may be reduced entirely
or in part. Law (2014:958).
§ 2 where an employee in the operations described in Chapter 2. 9, 10,
11, 13, 14, 15 or 17 § discriminates someone or exposes
any reprisal, discrimination remuneration paid
by the employer. The program on behalf of another person acting under
circumstances similar to those of an employment relationship shall
equated with workers.
If a training providers violate Chapter 2. 5, 7 or § 19
should compensation be paid by the principal of the business.
The invalidity
3 § If anyone be discriminated against by a provision in a
individual agreement or a collective agreement in a manner that
is prohibited under this Act, the provision be revised or
be declared invalid if the person Has been discriminated against.
the provision of such importance to the agreement that it is not reasonably
may be required to this otherwise should be valid with unchanged
content, the agreement be reduced also in other terms or in their
a whole is declared void.
If someone is discriminated against by the termination of an agreement or
through another such Act, Act
void if the person discriminated against so requests.
If someone is discriminated against by a point of order, rule or similar
internal provision at the workplace the provision be revised
or explained the lack of discriminatory effect request
it.
Refusal to comply with a judgment
3 a of If an employer refuses to comply with a judgment
means that a court has annulled a termination
or a dismissal under this law, shall
the employment relationship is considered dissolved.
The employer must pay compensation for its refusal to
the worker in an amount that is reasonable having regard to the
the employee's salary and the total period of employment in
the employer when the employment relationship is dissolved.
The remuneration shall not be fixed at a lower amount than what
as follows from the second and third paragraphs of section 39 the Act (1982:80)
employment protection. Law (2011:742).
Chapter 6. The trial
Applicable rules
section 1 of the proceedings on the application of Chapter 2. 1, 2, 3, or section 18 shall
dealt with under the Act (1974:371) about the trial in
labour disputes. In such cases, workers are also considered
the one who makes a request for, or are looking for work and those who
seeking or performing internship or are at the disposal of the
to perform or performs work as hired or borrowed
labour. Most of the practice or the work is done
or would have been carried out shall be deemed to be an employer. This
also applies when the rules on contentious hearing in the law
(1976:580) for participation in working life are applied.
Case on the application of Chapter 2. 5, 6, 7, 9, 10, 11, 12, 12A,
12(b), 12(c), 13, 13A, 13B, 14, 14A, 14b, 15, 16, 17, or
Article 19 shall be adjudicated by an ordinary court and dealt with under the
the provisions of the code of judicial procedure concerning court proceedings in civil cases
When conciliation on the matter is permitted. Law (2014:958).
The right to bring an action
section 2 of the Equality Ombudsman, or a non-profit organization
According to its statutes, is to take its members '
interests and which is not such an employee organization
referred to in the third subparagraph, as a party to bring an action for an individual
allowing the Ombudsman or the Association for such
action, the Ombudsman or the Association in the same trial also
bring another action for the individual if he or she admits it.
In the case referred to in article 1, first paragraph brought the Ombudsman's action in
The Labour Court. For children under 18 years of age who has not entered into
marriage requires parental or legal guardian
consent.
To get sue to the coalition with respect to their
business and its interest in the matter, their financial
placed to bring an action and the circumstances in General be
suited to represent the individual in the case.
When a Trade Union has the right to bring an action for the
individual pursuant to Chapter 4. section 5 of the Act (1974:371) about the trial in
the labour disputes, the Ombudsman or the Association Act
only if workers ' organization does not.
The burden of proof
section 3 Of the who believe they have been discriminated against or exposed
of reprisal reveals circumstances which give rise to
assume that he or she has been discriminated against or exposed
of reprisal, the defendant must show that
discrimination or retaliation has not occurred.
Statute of limitations
Working life
section 4 If any of the action by reason of the termination or
dismissal, the following provisions of the Act (1982:80) if
employment protection is applied:
-40 § if the time limit for actions for annulment,
-section 41 if the time limit for an action for damages or other
debt claims, and
-paragraph 42 of lost standing because of statute of limitations.
If any of the other legal proceedings against an employer than those referred to
in the first paragraph, the following provisions of the Act (1976:580)
participation in working life are applied:
-64 § if the time limit for requesting a hearing,
-§ 65 if the time limit for bringing actions,
-section 66 if the extended deadline for those who are not represented by a
workers ' associations, with the difference that the deadline
as stated in the first sentence of paragraph 66 to be two
months, and
-§ 68 of lost standing because of statute of limitations.
If the action relates to compensation by reason of an employment decision
given by an employer with a public stand,
count the time limits referred to in the second paragraph from the date
employment decision became final.
§ 5 in the case referred to in article 1, first paragraph,
The Equality Ombudsman to interrupt the limitation period, except in cases
relating to the annulment of the dismissal,
by notifying the employer that the Ombudsman
exercising their right to the interruption of the limitation period. If the Statute of limitations
interrupted by a message runs new limitation period
According to section 4 of the date of the interruption.
The limitation period may be interrupted not more than once.
Other areas of society
section 6 of the other actions than as referred to in paragraph 4 shall be brought within two years from
the impugned act is done or an obligation
last would have been completed. In other cases, the right of action
lost.
If the matter concerns a person who was under 18 years of age when the Act
was made or the obligation would have been completed at the latest count
the time limit referred to in the first subparagraph from the date when the person
filled 18 years.
Legal costs
section 7 of the objectives under paragraph 1, it may be ordered
Each Party shall bear its own costs, if the party
have lost the goal had reasonable cause to get the dispute.
However, this does not apply when the Discrimination Ombudsman for
the action of an individual under section 2.
In the case referred to in article 1, first paragraph comes rather than Chapter 5. section 2 of the
the Act (1974:371) on trial in labour disputes.
Other provisions
section 8 If any of the action by reason of the termination or
dismissal, the following provisions of the Act (1982:80) if
employment protection is applied:
– § 34 if a validity of notice, etc.,
-35 § if a avskedandes validation etc.,
– section 37 if the shutdown when a dismissal or dismissal
been annulled, and
-the second sentence of the first paragraph of section 43 and the second subparagraph of
expedited procedures etc. (2011:742).
§ 9 claims for compensation following a decision on
employment given by an employer with the public
position may not be ascertained before employment decision has won
the force of law.
section 10 the provisions of the code of judicial procedure concerning party shall also apply
the for which the Equality Ombudsman or a compound
of the proceedings under this Act in respect of the bias proportion,
lawsuit pending, personal appearance and interrogation during
affidavit and other issues related to the evidence.
When an individual for an action under this Act may
The Equality Ombudsman or an Association does not refer
for the individual about the same thing.
section 11 of the decision of the Court in a case where
The Equality Ombudsman or a coalition for action for a
individual may be appealed by the individual, if it may be appealed
of the Ombudsman or the Association.
When the decision of the Court in a case referred to in the first subparagraph have
final judgment shall not be examined again at the action of
whether the individual or the Equality Ombudsman or
the Association.
Transitional provisions
2008:567
1. this law shall enter into force on 1 January 2009.
2. By the Act repealed
-the equal opportunities Act (1991:433),
-Act (1999:130) on measures against discrimination in the workplace
on the basis of ethnicity, religion or other
belief,
-Act (1999:132) on the prohibition of discrimination in working life
on the grounds of disability,
-Act (1999:133) prohibiting discrimination in working life
on the basis of sexual orientation,
-Act (2001:1286) on the equal treatment of students in higher education,
-Act (2003:307) banning discrimination, and
-the Act (2006:67) prohibiting discrimination and other
degrading treatment of children and pupils.
3. The repealed laws still apply in respect of
discrimination and retaliation which took place before the
the entry into force. The information under the repealed laws
rests on an Ombudsman should be performed after the entry into force of
The Equality Ombudsman. The information according to the
repealed laws rests on the equality Committee or Board
against discrimination should be performed after the entry into force of
Board against discrimination.
4. Employer's obligation under Chapter 3. section 10 shall be fulfilled
for the first time in 2009 or the year in which the rule for the first time
becomes applicable.
5. Employers ' obligations under Chapter 3. 11 and 13 sections should
performed the first time the year immediately following the
calendar year when the employer employed at least 25
workers or the year after that, if the requirement of Chapter 3.
section 10 shall be fulfilled this year.
2010:861
1. this law shall enter into force on July 1, 2011.
2. Older provisions still apply for municipal
adult education, adult education for the mentally handicapped and
Swedish for immigrants at the end of June 2012.
2010:1979
1. this law shall enter into force on 1 april 2011.
2. Older provisions apply where a decision on notification in accordance with
15-17 sections of Service Act (1970:428) has been taken before 1
April 2011 or if the document has been sent or submitted before
This time.
2011:742
1. this law shall enter into force on 1 August 2011.
2. The new rules will only apply in determining
of compensation in respect of a judgment given after
on July 31, 2011.
2012:483
1. This law shall enter into force on december 21, 2012.
2. For contracts concluded before the entry into force
for older provisions. If an insurance contract concluded
before the entry into force as a result of the agreement renewed after
entry into force, the earlier provisions.
2014:958
1. This law shall enter into force on January 1, 2015.
2. Older rules still apply in the case of
discrimination that occurred prior to the entry into force.
