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.
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