Current best practices

• Author: Løvdal, Lene
• Pages: 93-93

93

10 CURRENT BEST PRACTICES

The scope of the anti-discrimination legislation: most discriminat ion grounds cover all

areas. Until 31 December 2017, age was only covered in employment, but as of 1

January 2018, age is also covered outside employment, under the GEADA.

The active equality efforts of the GEADA give a duty for public authorities, employers and

educational institutions to make active, targeted and systematic efforts to promote

equality within the different grounds.333 Of particular interest is the department for

equality and ant i-discrimination at the Directorate for Children, Youth and Family Affairs,

which works actively and systematically to gather knowledge and promote equality,

especially within the ministries and other parts of the public sector.

There are rules on employers’ disclosure duty regarding pay, to try to minimise pay gaps

because of ethnicity, disability or sexual orientation.

During appointment processes, including during interviews, the empl oyer may not collect

information about an applicant’s p regnancy and plans to have or adopt children, religion

or beliefs, ethnicity, disability, sexual orientation, gender identity or gender expression.

The collection of information on ethnicity, religion, belief, disability and living

arrangements is nevertheless permitted if the information is of decisive significance fo r

the performance of work or the pursuit of the occupation. The employer may ask about

the need for rea sonable accommodation during the recruitment process.334 The collection

of information on an appl icant’s living arrangements, religion or beliefs is permitted if the

purpose of the undertaking is to promote particular beliefs or religious views and the

worker’s p osition will be important for the achievement of the purpose. If such

information will be requested, this must be stated in the announcement of the p osition.

Jobseekers who consider that they might have been discriminated against in appointment

processes have a right to request that the employer disclose written information about

the education, experience and other clearly m easurable qualifications of the appointed

candidate.

333 After the cut-off date of this report, from 1 January 2020, the duties of employers and the public

administration’s duties proactively against discrimination were strengthened significantly. See GEADA,

Article 24.

334 The preparatory works to the GEADA, Prop 81 L (2016-2017) Chapter 27.3.2.6.