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Discrimination

Ill: Ch Värnström
Employment – Harassment – Disciplinary Measures

A gay man working for a public transport company complained to the Ombudsman that his employer had imposed disciplinary measures on him in a way that was discriminatory with respect to his sexual orientation. The employer had also failed to take action against sexual orientation related harassment against the man in the work place. The employer replied that the warning issued to the employee had nothing to do with his sexual orientation but was motivated by the fact the man had repeatedly failed to comply with company rules for informing his superiors about his absence when sick. The company had also undertaken different measures when being informed about the harassment and the complainant had also previously declared that he was satisfied with the employer’s actions. The company submitted evidence to support its claims. The complainant failed to submit observations in reply to that. The Ombudsman found no ground for the sexual orientation discrimination complaints and closed the file.

(Decision 25 October 2004, Dossier no. 686/03)