Compliance and enforcement aspects (horizontal provisions of all directives)

• Author: Natalie Videbaek Munkholm
• Pages: 58-61

58

11Compliance and enforcement aspects (horizontal provisions of all

directives)

11.1General (legal) context

11.1.1Surveys and reports about the particular difficulties related to obtaining legal

redress’

There are no specific reports on particular difficulties related to obtaining legal redress.

11.1.2Other issues related to the pursuit of a discrimination claim

Victims of discrimination can bring a case before the Equality Board and to the civil courts,

as well as to the industrial tribunal boards if they are a member of a trade union. As such,

there is satisfactory access to addressing discrimination claims. There are no further issues

related to the pursuit of a discrimination claim.

11.1.3Political and societal debate and pending legislative proposals

There are no pending proposals or pending debates.

11.2Victimisation

The provision on victimisation in the directives is implemented in the different statutory

acts as follows.

According to Section 3 of the Equal Pay Act, an employer shall not be allowed to dismiss

or treat an employee, including an employee representative, in an unfavourable manner

as the reaction to a complaint or because the employee or the employee representative

has put forward a claim for equal pay, or because he or she has passed on information

regarding pay. An employer may not dismiss an employee or an employee representative

because he or she has put forward a claim.

According to Section 2b of the Gender Equality Act, no one shall be subjected to

unfavourable treatment or adverse consequences in response to a complaint or any legal

proceedings instituted for the purpose of ensuring compliance with the principle of equal

treatment.

According to Section 7(2) of the Act on Prohibition against Discrimination in the Labour

Market, any person exposed to adverse treatment or adverse consequences because such

person has made a demand for equal treatment under Sections 2-4 of the Act may be

awarded compensation.

According to Section 9 of the Act on Equal Treatment of Men and Women as regards Access

to Employment, etc., an employer may not dismiss an employee for having put forward a

claim to use the right to absence or for having been absent under Sections 6 to 14 of the

Act on Maternity Leave or for any other reason related to pregnancy, maternity or

adoption.

11.3Access to courts

11.3.1Difficulties and barriers related to access to courts

Claims regarding gender discrimination are settled within the system set up for the

settlement of industrial disputes, the ordinary civil courts of law and the Equality Board.

However, most cases are decided by the lower courts. These cases are not published.