About the legislation

Gender: The concept of gender has to do with the notion that a person is either a woman or a man. The prohibition against gender discrimination also protects those who plan to change their gender.

Transgender identity or expression: A transgender identity or expression refers to those who do not define themselves as either woman or man, or who through their choice of attire (or in some other way) express that they identify with a different gender. The concept includes a person’s mindset or their own personal feeling about their gender identity, i.e., the way someone expresses what can be called, their social gender, such as their choice of clothing, body language, cosmetics, or hairstyle.

Some victims of discrimination are what we often refer to as trans persons. This is an umbrella term for those who resist social norms for gender identity and gendered expression. Even those who identify as transsexual but are not planning to change genders are covered under the grounds for discrimination and thus protected by the law against discrimination.

Ethnicity: Ethnicity is an individual’s national heritage and ethnic background, skin colour, or other similar attributes. National heritage means that people have the same nationality, such as Finnish, Polish, or Swedish. Ethnic background means that these individuals have a culture in common. For example, a person can belong to a national minority group, such as Sámi or Roma. All human beings have one or more ethnicities. Anyone can therefore be subjected to ethnic discrimination.

Religion or other beliefs: The term ‘religion’ refers to religious worldviews such as Hinduism, Judaism, Christianity, and Islam. Other convictions that are grounded in or have a connection to a religious worldview are Buddhism, atheism, and agnosticism. Political views and ethical or philosophical value systems that are not connected to any religion are not protected by the Anti-Discrimination Act. 

Disabilities: A disability is a long-term physical, psychological, or intellectual limitation of a person’s ability to function that is congenital or the result of an injury or illness. It can have come about after an occurrence or be expected to arise later. According to the Anti-Discrimination Act, temporary limitations on a person’s ability to function are not a disability.

A disability is a reduction in a person’s physical, psychological, or intellectual ability to function. Hence, it is something a person has to deal with, not what a person is. A disability can be noticed more or less in different situations. Examples are allergies, dyslexia, hearing or vision impairments, etc.  

Sexual orientation: The law defines sexual orientation as homosexual, heterosexual,or bisexual orientation. It is prohibited to discriminate against any of these orientations. The Anti-Discrimination Act is a protection that covers situations and conditions that are closely related to sexual orientation, such as having a sexual relationship or living with someone of the same or of a different gender.

Age: The law defines age as the length of life to date. The law refers to a person’s physical age, calculated from birth. Everyone is protected since everyone has an age.

Discrimination can take various forms, based upon one of the above grounds for discrimination. It may be that you have not received information or have not been invited to an event or gathering of some sort, or that you have been harassed. It may be the case that your colleagues ignore you.

Reference: Diskrimineringsombudsmannen 2018. Om diskriminering 

Direct discrimination: Direct discrimination is when someone is disadvantaged in that they are treated differently than someone else in a comparable situation. The way the person is disadvantaged should be in relation to one of the seven grounds for discrimination. Whether an occurrence is discriminatory or not depends upon the individual situation.

Indirect discrimination: Indirect discrimination is when there is a rule or a routine that seems neutral but disadvantages those with a certain gender, a certain gender identity or expression, a certain ethnicity, a certain religion or other belief system, a certain disability, a certain sexual orientation, or a certain age. In that case, the rule can be discriminatory, even though the same rule is applied to everyone.

Lack of accessibility: A lack of accessibility is when a disabled person is disadvantaged due to a dearth of reasonable accessibility measures that would make that person’s situation comparable to anyone without a disability.

Harassment and sexual harassment: This is behaviour that offends someone’s dignity. The offensive behaviour must be related to one or more of the grounds for discrimination for it to be covered under the Anti-Discrimination Act.

Harassment can, for instance, include ridiculing or demeaning generalisations that are related to the grounds for discrimination.

Harassment can also be of a sexual nature, i.e., sexual harassment. In addition to comments and words, this includes groping or indiscreet staring. It can also consist of unwelcome compliments or invitations, as well as presumptuous innuendo.

Instructions to discriminate: Giving instructions to discriminate is when someone gives an order or instructs someone who is in a subordinate role, such as an employee, to discriminate against someone else. This also includes instructing someone to discriminate against a person or business that has taken on a task, like a temporary employment agency.

Reference: Diskrimineringslagen, SFS 2008:567

- collaboration issues in a work or study group

- co-workers and their superior have different views and are not in agreement about how to organise/prioritise an activity and/or have differences of opinion regarding the delegation of responsibility, competence and power issues, or salaries                   

- students and educators have different views and are unable to reach an agreement regarding the way a course is being taught or graded, its layout or structure. 

It is, however, important that the parties in charge can handle situations that occur swiftly. In a suffocating, poor work environment, offensive utterances and behaviours can take root and become abusive.