news recently wrote about a new research study that looked at discrimination against job seekers. What happened if they sent out close to 3,000 applications, but where the applicants had names from different parts of the world? The answers were striking: Fictitious applicants who were from certain countries were clearly discriminated against. Which country your name came from thus largely determined whether you were called in for an interview or not, regardless of qualifications. Research in the field shows that discrimination in employment processes due to ethnicity has not diminished over the years. But what can individuals do, and what rights do they have? news has asked several experts. – Ask for access There are several things you can do if you suspect that you are subject to discrimination due to ethnicity in an employment process. For example, asking for information about who was selected in a recruitment round. – In both the public and private sector, you have the right to request factual information about the person who was employed in a position that you also applied for, says Sunniva Ingemårsen in the Equality Center. Sunniva Ingemårsen is a senior advisor for the Equality Center in Western Norway, and a lawyer specializing in discrimination law. This right is enshrined in the Equality and Discrimination Act. The same law prohibits discrimination on the grounds of ethnicity in working life. These are the grounds § 6. Prohibition against discrimination Discrimination on grounds of sex, pregnancy, leave at birth or adoption, care duties, ethnicity, religion, outlook on life, disability, sexual orientation, gender identity, gender expression, age or combinations of these grounds are prohibited. Ethnicity means, among other things, national origin, descent, skin color and language. The prohibition includes discrimination due to existing, assumed, past or future conditions as mentioned in the first paragraph. The prohibition also applies if a person is discriminated against because of their association with another person, and the discrimination occurs because of conditions as mentioned in the first paragraph. Discrimination means direct or indirect differential treatment according to §§ 7 and 8 which is not legal according to §§ 9, 10 or 11. § 31. Employer’s duty to provide information to job seekers Job seekers who believe they have been passed over in violation of this Act can demand that the employer provide in writing information about the person who was employed. The employer must provide information on education, practice and other clearly ascertainable qualifications. Source: Lovdata.no – But can you ask for access to who was called in for an interview? – It is only information about the person who was employed that you have the right to access. This is a limitation, answers Ingemårsen. She also says that you can appeal the case to the Discrimination Board, or consider going to court. – If you manage to prove that you have been discriminated against, you may be entitled to compensation and compensation. But how can one prove it? Document, get in touch, consider making a complaint This is the best advice from professional director of the Equality and Discrimination Ombudsman, Mariette Lobo. The equality and discrimination ombudsman, by specialist director Mariette Lobo, has several pieces of advice for job seekers who believe they are being discriminated against in an employment process: Document the process – Take care of the job advertisement, the application, the CV, and any feedback from the employer. Ask for written reasons for why you were not called for an interview or were offered the job. Contact the Equality and Discrimination Ombudsman – We provide legal guidance and advice on how the case can be handled further. We have a short waiting time, and our services are free. Consider making a complaint – If you believe that you have been subjected to discrimination, you can send a complaint to the Discrimination Board. The representative can guide you in advance. Several violations of discrimination against job seekers The Discrimination Board has previously received criticism for judging few of the cases as ethnic discrimination. Director Ashan Nishantha says that many of the cases that come to them are complex. – In most of the cases where the complaint concerns ethnic discrimination in an employment process, the tribunal has come to the conclusion that there is no breach of the regulations. Some of these cases are about language skills, says the director. He nevertheless refers to several cases where the tribunal has concluded illegal discrimination against jobseekers: Examples of illegal discrimination A jobseeker did not progress in a hiring process for tram drivers, and it was pointed out that his knowledge of Norwegian was not good enough. The job seeker won on the grounds that it was discrimination on the grounds of ethnicity. The tribunal decided that a university discriminated against a job applicant on the grounds of ethnicity, after she was not allowed to work as an examiner because she did not have Norwegian as her mother tongue, or Norwegian primary schooling. A Polish citizen did not get the job as a project planner because there was a requirement that the employee had to be a Norwegian citizen in order to fulfill security clearance requirements. The tribunal came to the conclusion that such a categorical requirement was not proportionate, and therefore not legal either. A job seeker had his interview canceled just before it was due to take place. The employer wrote in an e-mail that the reason was that the woman was Russian. The complainant was awarded NOK 30,000 in compensation. A woman applied for a job in a bank. She did not have her application assessed as she had both Russian and Norwegian citizenship. Recruiters pointed out that the background check would be too extensive for a temporary position. The tribunal decided that the applicant was subjected to illegal discrimination. Nishantha says that the Discrimination Board wants to receive more complaints about discrimination in employment processes. But he advises jobseekers to first contact the employer to get a reason why they didn’t get the job. – It is advisable to get this in writing. If you also ask for the information you are entitled to, this can form a good basis for assessing for yourself whether this is a matter you should appeal to the tribunal. You should then contact the Equality and Discrimination Ombudsman for legal guidance. – If, after this, you are of the opinion that you believe you have been discriminated against, we would encourage you to send us a complaint. The hierarchy The new research showed that jobseekers who ended up at the top of the hierarchy were those with Norwegian names, such as “Kristian Hansen”. In second place are those with a background from Western and Eastern Europe, the USA, South America, Russia and East and South-East Asia. At the bottom were applicants with names from the Middle East, South Asia and Africa, such as “Tariq Anwar”. Sociology researchers Edvard Nergård Larsen and Arnfinn Haagensen Midtbøen are behind the study. Photo: Ingrid Cogorno / news When the researchers included religion and gender, the hierarchy became larger. Muslim men fared the worst, and had as much as 65 per cent less chance of getting a positive response to the job application than a man with a Norwegian name, without religious affiliation. The research points to a clear pattern of discrimination in society. But even if you were to take your case further, you often encounter challenges. – Subtle and hidden Sunniva Ingemårsen in the Equality Center says that other forms of discrimination can be easier to document. – In cases where the basis for discrimination is, for example, leave or pregnancy, the employer has often written in the refusal that it is because of the leave, she explains. Mariette Lobo in the Equality and Discrimination Ombudsman cites several reasons why ethnic discrimination in employment processes is difficult to prove: Subtle and hidden Discrimination can be subtle and hidden, for example through unwritten rules or prejudices that influence employment decisions. Lack of transparency Employers in many cases do not provide feedback about why a candidate was not hired or called for an interview, which makes it difficult to identify whether discrimination has taken place. Little evidence There is often no concrete evidence, such as written documentation, that can support a claim of discrimination. Mariette Lobo, subject director in the field of ethnicity in the Equality and Discrimination Ombudsman. Photo: Thomas B Eckhoff / Thomas Eckhoff – Short-term thinking Job seekers thus have several options to take action if they suspect that they are exposed to discrimination. But what about those who perform it? – Managers must take active leadership in the recruitment processes in order to recruit diversely, says Minister for Employment and Inclusion Tonje Brenna (Ap). She reacts strongly to the findings presented by news. Norway needs everyone who wants and can work to be in a job, Brenna believes. Photo: Hanna Johre – This is not how we should have it in Norway. Employers who only recruit or promote people who look like themselves are missing out on talented candidates. This is a short-term mindset that weakens both the workplace and society. The minister calls it a waste of resources: – That people with foreign-sounding names are discriminated against, while working life is crying out for people, is a big paradox that we must do something about. It is a waste of resources when society does not use all the expertise that is available, she says further. Ignorance of how to recruit diversely is “no excuse for inaction”, believes the minister. – There are many resources that can help you. This must become the standard in Norwegian working life. This is what the government is doing Last year the government put forward an action plan against racism and discrimination. It consists of fifty measures, of which 16 are about working life. news asks the Ministry of Labor and Inclusion about what has been carried out since the launch a year ago. They refer, among other things, to increased access to information for job seekers about their rights, and skills packages for diversity recruitment. – Far too many meetings are an obstacle on the way into and up in working life. The action plan contains concrete measures to raise awareness among employers and counteract discrimination, says Brenna. More measures The Ministry of Labor and Inclusion points out that the following measures have been carried out since the launch of the “Action plan against racism and discrimination – new efforts 2024–2027” one year ago: Measure 4: Strengthen online information about working conditions in Norway The Norwegian Labor Inspection Authority further develops the website “Know your rights” and IMDi have further developed nyinorge.no with information about rights and duties in Norwegian working life (Measure 4: Strengthen online information about working conditions in Norway) Measure 5: More immigrants in trade unions The Ministry of Labor and Inclusion invited on 19 November this year to a seminar on strengthening organized working life. The seminar dealt with immigrants in professional organisations. Measure 6: Multicultural competence and attitude awareness in the Labor and Welfare Administration The Labor and Welfare Directorate has carried out several activities, including linked to competence material for guidance of users with an immigrant background. Measure 8: Digital training on diversity recruitment Competence packages for diversity recruitment are available at mika.no Measure 15: Develop indicators for ethnic diversity in working life On 4 April 2024, IMDi launched the indicator report “Ethnic diversity and inclusion in working life – Indicators, status and trends” Work- and the Ministry of Inclusion emphasizes that they are responsible for coordinating and implementing the action plan, but it is the individual ministries that are responsible for to carry out measures in their areas. Published 12/12/2024, at 11.44
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Do you suspect discrimination when applying for a job? Here is the experts’ advice – Greater Oslo
