Act relating to the working environment, working hours and employment protection, etc. (Working Environment Act)

Chapter 13. Protection against discrimination

Section 13-1.Prohibition against discrimination

(1) Direct and indirect discrimination based on political views, membership of a trade union, or age is prohibited.
(2) Harassment and instruction to discriminate against persons for reasons referred to in the first paragraph are regarded as discrimination.
(3) The provisions of this chapter shall apply correspondingly in the case of discrimination of an employee who works part-time or on a temporary basis.
(4) In the case of discrimination based on gender, pregnancy, leave of absence in connection with childbirth or adoption, care responsibilities, ethnicity, religion, belief, disability, sexual orientation, gender identity or gender expression, the Equality and Anti-Discrimination Act shall apply.

Section 13-2.Scope of this chapter

(1) The provisions of this chapter shall apply to all aspects of employment, including:
a.advertising of posts, appointments, relocation and promotion,
b.training and other forms of competence development,
c.pay and working conditions,
d.termination of employment.
(2) The provisions of this chapter shall apply correspondingly to the employer's selection and treatment of independent contractors and hired employees.
(3) The provisions of this chapter shall apply correspondingly to enrolment and participation in a trade union, employers' organisation or professional organisation. This shall also apply to the advantages that such organisations provide to their members.
(4) The provisions of this chapter shall not apply to discrimination owing to membership of a trade union in respect of pay and working conditions in collective pay agreements.

Section 13-3.Exceptions from the prohibition against discrimination

(1) Discrimination that has a just cause, that does not involve disproportionate intervention in relation to the person or persons so treated and that is necessary for the performance of work or profession, shall not be regarded as discrimination pursuant to this Act.
(2) Discrimination that is necessary to the achievement of a just cause and does not involve disproportionate intervention in relation to the person or persons so treated is not in contravention of the prohibition against indirect discrimination, discrimination based on age or discrimination against an employee who works part-time or on a temporary basis.
(3) The Ministry may by regulation issue further provisions concerning the extent of the exception from the prohibition against age discrimination in the second paragraph.

Section 13-4.Obtaining information on the appointment of employees

(1) The employer must not when advertising for new employees or in any other manner request applicants to provide information concerning their views on political issues or whether they are members of employee organisations. Nor must the employer implement measures to obtain such information in any other manner.
(2) The prohibition laid down in the first paragraph shall not apply if obtaining information concerning applicants' views on political issues or membership of employee organisations is justified by the nature of the post or if the objective of the activity of the employer in question includes promotion of particular political, religious or cultural views and the post is essential for the fulfilment of the objective. In cases where such information will be required, this must be stated when advertising the vacancy.
(3) The employer may not obtain information as referred to in section 30 of the Equality and Anti-Discrimination Act.

Section 13-5.(Repealed)

0Repealed by the Act of 20 June 2008 No. 42.

Section 13-6.Preferential treatment

Special treatment that helps to promote equality of treatment is not in contravention of the provisions of this chapter. Such special treatment shall cease when its purpose has been achieved.

Section 13-7.Duty of disclosure

A job applicant who believes himself or herself to have been passed over in contravention of the provisions of this chapter may demand to be informed in writing by the employer of what educational qualifications, practice and other ascertainable qualifications for the post are held by the person appointed.

Section 13-8.Burden of proof

If the employee or job applicant submits information that gives reason to believe that discrimination has taken place in contravention of the provisions of this chapter, the employer must substantiate that such discrimination or retaliation has not occurred.

Section 13-9.The effects of breach of the discrimination prohibition

(1) Anyone who has been discriminated against in contravention of section 13-1 may claim redress and compensation regardless of whether the employer can be blamed for the discrimination. Such compensation shall cover financial loss resulting from the discrimination. Compensation for damage of a non-pecuniary nature shall be stipulated in the amount that is found reasonable given the extent and nature of the damage, the circumstances of the parties and other facts of the case.
(2) Provisions laid down in collective pay agreements, contracts of employment, regulations, bylaws, etc., that are in contravention of the provisions of this chapter shall not be valid.

Section 13-10.Right of organisations to act as an agent

An organisation whose purpose is, wholly or partly, to oppose discrimination for reasons referred to in section 13-1, first paragraph, may be used as an agent in administrative proceedings pursuant to this chapter.