discrimination Ombud participation in ordinary employment for people with disabilites Lars Kolberg amp Kristel Jüriloo The Ombud structure and organisation Established 1 January 2006 through ID: 639547
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Slide1
The Equality and Anti-discrimination Ombud- participation in ordinary employment for people with disabilites
Lars Kolberg & Kristel JürilooSlide2
The Ombud - structure and organisationEstablished 1 January 2006 through the Anti-Discrimination Ombud Act Integrates three former officesUnder the Ministry of Children, Equality and InclusionAn independent public administrative agency
Operates free from the instruction of the MinistrySlide3
Likestillings- og diskrimineringsombudet
Ombud Sunniva Ørstavik
The Ombud’s office
Law
enforcement
Law
enforcement
Statements
of opinions Public hearings
legal advice on questions of law InformationGuidance to employers
Information Forum Media Web
AdministrationHuman ResourcesEconomy
Guidance
Communication
Administrationand HR
Monitoring
conventions
CEDAW
CERD
CRPD
Monitoring
Reporting
Public
hearings
Slide4
Likestillings- og diskrimineringsombudetLDO as a law enforcerAn alternative to courts of lawFree of chargeHandles complaints about breaches of law Gives legal adviceAlso take on cases by own initiativeProcedural features: The principle of contradiction
Shared burden of proof: presumption/ rebuttalSlide5
Likestillings- og diskrimineringsombudetThe Ombud’s statements of opinionNot legally bindingNo power to sanction our opinionsStatements can be appealed to The Equality and Anti-Discrimination Tribunal
Civil Courts can overrule Slide6
Likestillings- og diskrimineringsombudetThe Anti-discrimination legislation
Gender
Equality
Act 2013Anti- Discrimination on
Ethnicity
Act 2013Anti- Discrimination and Accessibility Act
2013Anti-Discrimination Act on Sexual Orientation 2013Working Environment
Act Chapter 13 Gender All areas of society
Ethnicity (national origin,
descent, skin colour, language) Religion
Belief Disabilities
All areas of society
Sexual orientation Gender expression
Gender
identity
All areas
of
society
Political view
Membership
in labour
organisations
Age
In cases of
employment
onlySlide7
Statistics 2014Guidance: 1430 Complaints (resulting in decisions): 207Majority of cases are connected to employment/working lifeDisability is the second most common discrimination ground in these casesSlide8
Number of complaints regarding disability Slide9
Complaints regarding disability Slide10
Number of inquiries regarding disabilitySlide11
Inquiries regarding disabilitySlide12
The Anti- Discrimination and Accessibility Act
Main
elements:
Prohibition of direct
and indirect differential treatment
Exception if the differential treatment is legitimate, necessary and proportionateAffirmative/Positive actionSlide13
The Anti- Discrimination and Accessibility ActMain elements:Public and private entities open to the public have a duty to ensure universal design (exception: undue burden) Right to individual accommodation in education, employment, the kindergarten and of long-lasting public health and social
services (exception: undue burden)
Likestillings- og diskrimineringsombudetSlide14
The Anti- Discrimination and Accessibility Act§ 26 Right to individual accommodationEmployees and applicants with a disability have a right to reasonable
individual
accommodation of the place of employment and their work
tasks in order to ensure that they can obtain or continue employment, have access to vocational training and other development of their qualifications, and to be able to perform their tasks and have the opportunity to be promoted on an equal basis
with others.…
Likestillings- og diskrimineringsombudetSlide15
The Anti- Discrimination and Accessibility Act § 26…The right to individual accommodation is limited to accommodation that is not an undue burden.
In
this
assessment one should particularly take into account the effect of
the accommodation on building down barriers, the necessary costs of the accommodation and the resources of the entity. Likestillings- og diskrimineringsombudetSlide16
Paradox?Unemployment rate is much higher also w/ higher education85-90000 persons with disability want to work. Many (
state
)
employers
are actively seeking persons with disabilities. Unsucsessful. Misfit?Slide17
What happens in recruitment?Slide18
What
happens
in
recruitment
?
Discrimination
–
you
have to discriminate between candidates in order to find one!Risk-averse employers => less diversitySlide19
What is the consequence?Bad for diversityinequality / lack of diversitysome groups always
underrepresented
Segregated
and «
clustered» labour marketBad for businessHomogenity – we are all the same
Less dynamics, less creativity etc. Broad agreement on this in Norway Slide20
What employers are required to doPositive duty:All employers* are required to promote equality combat
discrimination
on gender, ethnicity and disability* all public employers
and private >50Slide21
What can employers do?Fight my inherent
tendency
to
employ
someone similar to meSlide22
Good recruitment…Find out what I need - reallyAssess applicants on whether they
meet
the actual qualifications for the positionChoose candidates
on the basis of these criterias – without a view to other aspects – age, gender, religion, disability… = Equal recruitment – good for diversitySlide23Slide24
Positive action – in generalLegal for all grounds - possibilityRestricted for men (only position w/child care)Promote equal opportunities, proportional, temporaryConditions: In national discrimination lawIn collective agreements, regulations etc. Slide25
Positive actionEncourage to applySelection to interviewPreferential treatment in hiringWeak and strongTrainee positions
«
What
is legal has moderate
effects. What works tends to be illegal»