What do you do if you experience discrimination or harassment at work?
It is illegal to discriminate in working life, whether it concerns employment, pay, skills enhancement or dismissal. Here you will get an overview of what is considered discrimination and harassment, what obligations the employer has, and where you can get help.
What is discrimination?
Discrimination involves differential treatment without objective grounds, either directly or indirectly.
- Direct discrimination: When someone is treated worse because of their gender, pregnancy, ethnicity, etc. Example: A pregnant woman is denied employment because she is pregnant.
- Indirect discrimination: When a rule or practice that appears neutral affects certain groups negatively. Example: A ban on headgear at work may indirectly discriminate against people who wear the hijab.
It is forbidden to discriminate on the basis of age, sex, pregnancy, parental leave, care responsibilities, ethnicity, religion or belief, disability, sexual orientation, gender expression and gender identity, political opinion, membership of a trade union or political organization, temporary or part-time employment.
Distinction
Not all differential treatment is discrimination. However, in order for differential treatment to be lawful, it must be objective, necessary and proportionate to treat differently.
Example: Age limits for safety reasons may be legal in certain professions.
What is harassment?
Harassment is actions, omissions or statements that are offensive, frightening, hostile, degrading or humiliating. It is forbidden to harass because of the same conditions as other discrimination.
Example: Unwanted comments about gender or religion are considered harassment.
What is considered sexual harassment?
Any form of unwanted sexual attention that is offensive, frightening, hostile, degrading, humiliating or annoying is considered sexual harassment.
In a case from 2020, the Supreme Court ruled that a female industrial mechanic was sexually harassed by two customers. Read the judgment here (lovdata.no).
What are the employer's obligations?
All businesses have a statutory duty to work actively for gender equality and against discrimination, known as the activity and reporting duty (ARP).
