Anti-Discrimination Law (2008:567)

Original Language Title: Diskrimineringslag (2008:567)

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:567

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.