Sweden – Act Prohibiting Discrimination

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SFS nr: 2003:307

Justice Ministry

Title: Act (2003:307) prohibiting discrimination

Issued: 2003-06-05

Purpose of the act

1 § The purpose of this Act is to counteract discrimination that has a connection with the following grounds of discrimination, ethnic background, religion or other belief, sexual orientation or disability.

Other regulations that prohibit discrimination

2 § Other regulations prohibiting discrimination can also be found in

– the Gender Equality Act (1991:433),

– the Act on Measures to Counteract Discrimination in Working Life Act due to ethnic background and religion or other belief (1999:130),

– the Prohibition of Discrimination in Working Life of People with Disability Act (1999:132),

– the Prohibition of Discrimination in Working Life due to Sexual Orientation Act (1999:133), and

– the Act on Equal Treatment of Students in Higher Education (2001:1286).

Chapter 16, Section 9 of the Penal Code contains provisions on unlawful discrimination.

Definitions

Discrimination

3 § In this act discrimination means

1. direct discrimination: that an individual is disfavoured by being treated less favourably than another person is treated, has been treated, or would have been treated in a comparable situation, if the less favourable treatment has a connection with ethnic background, religion or other belief, sexual orientation or disability.

2. indirect discrimination: that an individual is treated less favourably through the application of a provision, criterion, or method of procedure that appears to be neutral but which in practice particularly leads to less favourable treatment of persons with a particular ethnic background, religion or other belief, sexual orientation or particular disability. However, this does not apply if the provision, criterion or method of procedure can be justified be a reasonable goal and the means used are appropriate and necessary to achieve that goal.

3. harassment: behaviour that violates a person’s integrity and has a connection with ethnic background, religion or other belief, sexual orientation or disability.

4. instructions to discriminate: orders or instructions to discriminate against a person in accordance with 1-3 above that are given to a person who is in a chain of command or dependency relationship to the person giving the orders or instructions, or who in relation to that person has undertaken to carry out a task.

Ethnic background, sexual orientation and disability

4 § In this Act these terms are defined as follows

1. ethnic background: that a person belongs to a group of persons that have the same national or ethnic origin, race or skin colour,

2. sexual orientation: homosexual, bisexual eller heterosexual orientation,

3. disability: a permanent physical, mental och intellectual limitation of a person’s functional capacity that as a consequence of an injury or illness existed at birth, arose thereafter, or can be expected to arise.

Prohibitions against discrimination

Labour market programmes

5 § Discrimination against job applicants or employees that has a connection with ethnic background, religion or other belief, sexual orientation or disability is prohibited

1. in relation to the provision of information other services provided by the public labour exchanges and others who carry out labour exchange activities, and

2. in regard to other efforts within the field of labour market programmes.

The prohibition against discrimination is not however a hinder to the use of provisions that are part of efforts to promote equal opportunities regardless of ethnic background.

Starting or running a business,

6 § Discrimination that has a connection with ethnic background, religion or other belief, sexual orientation or disability is prohibited in regard to economic support, permits, registration or other similar factors that are needed or can be relevant for a person to be able to start or carry out a business activity.

Occupational activities

7 § Discrimination that has a connection with ethnic background, religion or other belief, sexual orientation or disability is prohibited in regard to qualifications, legitimacy, authorization, registration, approval or other similar factors that are needed or can be relevant for a person to be able to carry out a particular occupation.

Membership etc.

8 § Discrimination that has a connection with ethnic background, religion or other belief, sexual orientation or disability is prohibited in regard to

1. membership or participation in a union, employers’ association or professional association, and

– membership of, participation in and benefits from

organisations of workers or employers or

professional organisations, and

2. benefits that such organizations provide to their members.

Goods, services and housing

9 § Discrimination that has a connection with ethnic background, religion or other belief, sexual orientation or disability is prohibited in regard to the goods, services and housing provided by merchants.

Social services, etc.

10 § Discrimination that has a connection with ethnic background, religion or other belief is prohibited in regard to

1. measures undertaken by the social services

2. permits to receive local and national transport services for disabled people as well as housing adaptation allowances.

The social insurance system

11 § Discrimination that has a connection with ethnic background, religion or other belief is prohibited in regard to the social insurance and related support systems.

Unemployment insurance

12 § Discrimination that has a connection with ethnic background, religion or other belief is prohibited in regard to unemployment insurance.

 

Health and medical care

13 § Discrimination that has a connection with ethnic background, religion or other belief is prohibited in regard to health and medical care and other medical services.

Prohibition of reprisals

14 § A person who is asserted to have discriminated in accordance with this Act may not subject an individual to reprisals on the grounds that he or she has reported the discrimination, pointed out the discrimination or participated in an investigation of the discrimination.

Voidability and damages

Voidability

15 § If a person is discriminated against by a provision in a contract in a manner that is prohibited in accordance with this Act, the provision shall be amended or declared void if the person discriminated against so requests. If the provision is of such importance that it cannot be reasonably be required that the contract should otherwise apply with unchanged content, the contract can also be amended in other respects or be declared entirely void.

If a person is discriminated against in a manner that is prohibited according to this Act through the termination of a contract or other similar legal action, the legal action shall be declared void if the person discriminated against so requests.

Damages

16 § The one who discriminates against another person in a manner that is prohibited in accordance with this Act shall pay damages for the violation of integrity that the discrimination involves. If an employee carries out the discrimination, the employer shall be liable for the damages.

 

17 § The one who subjects a person to reprisals in a manner that is prohibited in accordance with this Section 14 shall pay damages for the violation of integrity that the reprisals involve. If an employee carries out the reprisals, the employer shall be liable for the damages.

18 § If it is reasonable, damages pursuant to Sections 16 and 17 can be reduced or lapse completely.

Supervision

19 § The Ombudsman against Ethnic Discrimination, the Ombudsman against Discrimination due to Sexual Orientation and the Disability Ombudsman shall ensure compliance with this Act.

The ombudsmen shall in the first instance endeavour to get those covered by the prohibitions against discrimination and reprisals to voluntarily comply with the Act.

Judicial proceedings

The applicable rules

20 § Cases concerning the application of the prohibitions against discrimination and reprisals in accordance with this Act shall be dealt with in accordance with the rules prescribed by the civil procedure code concerning trials in civil disputes in which settlements by the parties are allowed.

The court may however order that each party shall bear her or his own legal costs, if the person who asserted that he/she had been discriminated against or was subjected to reprisals lost the case and had reasonable reasons for bringing the case. However, this does not apply if one of the ombudsmen has brought the case as a party in accordance with Section 22.

Burden of proof

21 § If a person who feels that he/she has been discriminated against or exposed to

reprisals shows circumstances that give reason to presume that he or she has been discriminated against or exposed to reprisals, the respondent shall show that

discrimination or reprisals have not occurred.

Right to bring an action

22 § In a dispute pursuant to this Act the Ombudsman against Ethnic Discrimination, the Ombudsman against Discrimination due to Sexual Orientation or the Disability Ombudsman may bring an action, as a party, on behalf of the individual who asserts that he/she has been discirminated against, if the individual allows this. If the ombudsman brings such an action, the ombudsman may in the same judicial proceedings also bring other actions as the representative of the individual.

Time limits, etc.

23 § An action in a dispute pursuant to this Act shall be filed within two years from the date of the occurence referred or the date on which a duty should at the latest have been fulfilled. Otherwise the right to file an action shall has been lost.

24 § That which is prescribed in the Code of Judicial Procedure about a party in regard to conflicts of interest, ongoing trials, personal appearance, examination under truth affirmation and other issues that apply to the provision of evidence shall also apply to the person or persons presenting a case on behalf of the Ombudsman against Ethnic Discrimination, the Ombudsman against Discrimination due to Sexual Orientation or the Disability Ombudsman in accordance with this Act.

That which is prescribed in the Code of Judicial Procedure about an ongoing trial in regard to an individual bringing an action in accordance with this Act also applies to an ombudsman who is presenting a case as a party on behalf of the individual in accordance with this Act.

25 § The Court’s decision in a case in which the Ombudsman against Ethnic Discrimination, the Ombudsman against Discrimination due to Sexual Orientation or the Disability Ombudsman bring a case on behalf of an individual is legally binding in relation to that individual. The decision may be appealed by the individual.