Legal help with discrimination in Sweden

What is discrimination?

Under Swedish law, discrimination generally involves a person being disadvantaged or having their dignity violated for a reason connected to a legally protected characteristic. The incident must also occur in an area of society covered by the Discrimination Act.

Unfair treatment is therefore not always discrimination in the legal sense. An assessment usually considers:

• what happened and where it occurred
• whether it was connected to a protected characteristic
• which form of discrimination may apply
• what evidence is available.

Discrimination is prohibited in several areas, including employment, education, health care, social services, housing, and the provision of goods and services.

Protected characteristics

The Swedish Discrimination Act protects seven characteristics:

• sex
• transgender identity or expression
• ethnicity
• religion or other belief
• disability
• sexual orientation
• age.

The disadvantage or violation must generally be connected to at least one of these characteristics for the incident to fall within the Act.

Direct and indirect discrimination

Direct discrimination

Direct discrimination occurs when someone is treated less favorably than another person in a comparable situation for a reason connected to a protected characteristic.

For example, a qualified job applicant may be denied an interview because of their age or ethnicity. Whether an incident meets the legal definition depends on the specific circumstances.

Indirect discrimination

Indirect discrimination occurs when an apparently neutral rule, requirement, or practice places people with a particular protected characteristic at a particular disadvantage.

The rule may still be lawful if it serves a legitimate purpose and the means used are appropriate and necessary. Both the effect of the rule and the reasons for it must therefore be considered.

Other forms of discrimination

The Discrimination Act also covers:

• inadequate accessibility
• harassment
• sexual harassment
• instructions to discriminate.

Inadequate accessibility may occur when an organization fails to take reasonable accessibility measures that would place a person with a disability in a comparable position to others. What is reasonable depends on factors such as the organization’s practical and financial circumstances.

Harassment is conduct that violates a person’s dignity and is connected to a protected characteristic. Sexual harassment does not need to be connected to one of the seven protected characteristics.

Discrimination at work

The prohibition against discrimination applies to employees, job applicants, interns, and agency workers. Discrimination may occur during recruitment, compensation decisions, promotions, allocation of duties, training, or termination.

An employer who becomes aware of alleged harassment or sexual harassment connected to work may have a duty to investigate and take reasonable steps to prevent it from continuing. A case involving employment may also raise questions under employment law.

Disability discrimination

Disability discrimination may occur in employment, education, health care, housing, or access to goods and services.

It may involve direct or indirect discrimination, harassment, or inadequate accessibility. When inadequate accessibility is alleged, the assessment considers which measures would have been reasonable in that particular situation.

What should you do if you experience discrimination?

Act as soon as possible. Legal deadlines may be short, particularly in employment cases.

You should consider taking the following steps:

• write down what happened, when it happened, and who was present
• save emails, messages, decisions, advertisements, and other communications
• record how people in comparable situations were treated
• request written decisions or explanations
• contact your union if the incident concerns work and you are a member.

You may submit a complaint to the Swedish Equality Ombudsman, known as DO. Submitting a complaint does not guarantee that DO will investigate or pursue the individual case, so other ways of protecting your rights may also need to be considered.

Can you claim compensation?

An organization that violates the Discrimination Act may be required to pay discrimination compensation. The compensation is intended both to provide redress and to discourage future violations. Depending on the circumstances, the claim may also involve other forms of damages.

Before bringing a claim, the events, the connection to a protected characteristic, and the available evidence should be assessed. Some cases can be resolved through negotiation, while others may need to proceed as a legal dispute.