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The Ombudsman against Discrimination on grounds of Sexual Orientation has ceased to exist. On 1 January 2009 the Ombudsman was merged with the other Ombudsmen against discrimination into a new body: the Swedish Equality Ombudsman. The previously existing acts against discrimination were also replaced with a new Discrimination Act. Some of the material on this website may therefore be out of date. For more information, see: www.do.se
Qualifications – Employment A man who failed to obtain a position which he had applied for with a company asked to examine the application submitted by the person who received employment. This request was based on Section 6 of the Act on a Ban against Discrimination in Working Life on grounds of Sexual Orientation (1999:133) (HomOL). The company denied him access to the application documents concerned. In his complaint to HomO, the man requested, on the one hand, that the Ombudsman should confirm that he was entitled to receive the information requested, irrespective of whether or not discrimination on the grounds of sexual orientation had occurred and, on the other hand, that HomO should assist him in his request to obtain the information concerned. In the light of the above, HomO stated as follows. Section 1 of HomOL stipulates that object of the Act is to prevent discrimination in working life on the grounds of sexual orientation. The other provisions of the Act must be considered in the light of this Section. This implies that the purpose of the employer’s obligation to provide access to information prescribed in Section 6 of HomOL is to make it easier for someone who considers that they have suffered discrimination due to their sexual orientation to safeguard their rights. The provision cannot be interpreted as implying any additional obligation on the employer’s part to provide access to information of this nature. One of the basic prerequisites for application of Section 6 of the Act is that the individual applicant/employee claims that he or she has been subject to discrimination on the grounds of their sexual orientation or that he or she, at any rate, suspects that this is the case in the context of an application for employment. As a result, there was no basis for HomO to assist the man in his request for access to information about the CV and qualifications of the person who received employment. (Decision of 16 October 2001, Dossier No. 254/01) |
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HomO | Box 3327, 103 66 Stockholm | E-mail: homo@homo.se | Phone: +46 (0)8 508 887 80 | Fax: +46 (0)8 508 887 90 |
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