You should not tolerate this: - Discrimination at work is the employer's responsibility
NITO lawyer Marianne Kjellsen is sounding the alarm about discrimination against employees from customers, users and patients.
A survey among members of NITO shows that as many as 10 per cent experience being subjected to discriminatory statements or actions by customers, users and patients at work.
The member survey shows that:
- One in 10 state that they have been subjected to discriminatory statements or actions from customers, users or patients
- Of these, two-thirds experience discriminatory statements or actions from customers, users or patients regularly or frequently
- Those who are most at risk are women, people between the ages of 45-54 and people employed in the local government sector. Employees in the health sector are also vulnerable.
These disturbing statistics underscore the need for employers to be aware of their responsibilities and engage in ensuring a safe and inclusive work environment.
NITO lawyer Marianne Kjellsen
Discrimination is unacceptable
- Discrimination at work is typically linked to sexual orientation, skin colour, ethnicity, religion and gender. Whatever the reason, the figures should provide a clear marching order for employers to put discrimination from customers, users or patients on the agenda.
- This should not be accepted or handled by the individual employee alone, says Kjellsen. She says that in working life, stronger protection against harassment applies than outside working life.
The Working Environment Act regulates many aspects of the working environment, including basic requirements for the working environment. The law states that it is the employer who is responsible for the employees' working environment.
The NITO lawyer's five pieces of advice if you experience discrimination
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Rapporter hendelsen umiddelbart til din arbeidsgiver eller tillitsvalgt. Det er viktig at slike hendelser blir dokumentert og tatt hånd om av ansvarlig arbeidsgiver.
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Sjekk virksomhetens risikovurdering relatert til diskriminerende oppførsel fra tredjeparter. Hvis ingen slik vurdering finnes, krev at det gjennomføres, ved å involvere tillitsvalgt (og arbeidsgiver).
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Krev klare retningslinjer utad for hvordan kunder, brukere eller pasienter skal oppføre seg. En klar kommunikasjon om at respekt og likebehandling er standard, kan forebygge uønskede situasjoner.
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Diskuter hvor grensene går for hva ansatte skal tåle og ikke tåle på jobb – og hvordan hendelser man ikke skal tåle, skal håndteres.
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Forsøk å fremme en åpen dialog om diskriminering på arbeidsplassen. Det kan redusere følelsen av skam og «utenforskap» som de som opplever denne typen hendelser, kan føle.
The employer's responsibility to ensure a proper working environment
- It is the employer's responsibility to ensure that its own employees have a fully satisfactory working environment mentally and physically and are not exposed to unfortunate strains as a result of contact with others. All employers have a responsibility to work actively, purposefully and systematically to prevent discrimination in their activities.
- It is important that employers consider whether their employees are at risk of being subjected to discrimination or harassment, especially if the employees meet users, customers or patients in the course of their work.
She points out that risk assessments must be carried out in collaboration with employees and their representatives, such as safety delegates and union representatives. If it is found that there is a risk present, measures must be taken to reduce the likelihood that employees experience that customers, users or patients discriminate, and measures to reduce the strain/consequences for the individual of experiencing such incidents.
- Many employers can get better at this work, the NITO lawyer concludes.
NITO is here when it matters
Many people do not know where to start when uncertainty arises in working life. As a trade union, we are here to give you security, support and concrete advice – when you need it most.