Discrimination at work based on ethnicity, religion, language, gender, age, disability or pregnancy is prohibited in Norway. You can file a free complaint with Diskrimineringsnemnda.
What is discrimination at work?
Discrimination means being treated worse than others without a valid reason. In Norwegian working life, it is illegal to discriminate against someone because of ethnicity, religion or beliefs, language, gender, age, disability, pregnancy, parental leave, sexual orientation or gender identity. The ban applies throughout the entire employment relationship – from the job advertisement, through hiring and salary negotiations, to termination or retirement.
The law distinguishes between direct discrimination (you are treated worse because you have, for example, a foreign name) and indirect discrimination (a rule looks neutral but affects one group harder – like a requirement for "flawless Norwegian" in a job where it is not actually necessary). Both forms are prohibited by law. You can read more about related rights in the article on equality in Norway.
The law protects you against discrimination based on:
- ethnicity, national origin or skin colour
- religion or beliefs
- language
- gender, pregnancy, parental leave or care responsibilities
- disability
- sexual orientation, gender identity or gender expression
- age
- combinations of several of these grounds at the same time
A common example for immigrants is that applications with foreign-sounding names are less often invited to interviews, even with the same qualifications as other applicants. Another example is being passed over for promotion or given worse shifts because you speak Norwegian with an accent. Both can be unlawful discrimination if the employer has no valid reason.
The law that protects you at work
Your protection is in the Equality and Anti-Discrimination Act, which applies throughout society – not just in working life. The law prohibits discrimination based on gender, pregnancy, leave for birth or adoption, care responsibilities, ethnicity, religion, beliefs, disability, sexual orientation, gender identity, gender expression and age. The protection also covers combinations of multiple grounds, for example a woman with an immigrant background who experiences discrimination related to both gender and ethnicity at the same time.
The law applies to everyone who works in Norway, regardless of citizenship or grounds for residence. It does not matter whether you are permanently employed, temporarily employed, hired in or an apprentice – you have the same protection. Larger businesses also have a separate duty to account for their equality work: they must report on their equality efforts, and public authorities have a corresponding responsibility in everything they do.
Employer obligations
All employers have a duty to actively work: they must work actively, purposefully and systematically to promote equality and prevent discrimination in the workplace. This applies to recruitment, wages, working conditions, promotion, development opportunities and the ability to combine work and family life. The employer must also prevent and try to stop harassment and sexual harassment before it occurs.
A concrete example: an employer cannot advertise a position with a requirement for "Norwegian as a native language" if what is actually needed is good spoken and written Norwegian. Such requirements often affect immigrants unjustly. Always check what is actually stated in your employment contract – wages and working conditions should be equal for equal work, regardless of background or nationality.
In practice, the active duty means that the employer should:
- use valid and measurable criteria in hiring and promotion
- ensure equal pay for equal work, regardless of background
- make reasonable accommodations for employees with disabilities as far as possible
- have procedures to prevent harassment and sexual harassment in the workplace
Harassment is also discrimination
Harassment is actions, omissions or statements that are offensive, frightening, hostile, degrading or humiliating. Harassment related to ethnicity, religion, gender, age or disability is considered discrimination and is prohibited – regardless of whether it comes from a manager, a colleague or a customer.
Sexual harassment has its own prohibition and does not need to be linked to any of the other grounds. Examples are unwanted comments about the body, unwanted touching or pressure for sexual favours. The employer must prevent this through procedures and reporting channels, and must handle reported cases quickly and properly.
What do you do if you experience discrimination?
Write down what happens as soon as possible. Note the date, time, what was said or done, and who was present. Keep messages, emails and other evidence. This makes it easier to explain the case later, and it strengthens a potential complaint significantly.
Then contact someone in the workplace: your immediate manager, the safety representative (who must look after health, environment and safety) or a union representative if you are organised. Many cases are resolved internally when the employer is made aware of them. If you do not get help internally, or the case is serious, you can ask for free guidance from the Equality and Anti-Discrimination Ombudsman (LDO), which is independent of your employer.
Briefly summarised, you should:
- Document what happens, with date, time and details.
- Contact your manager, safety representative or union representative.
- Ask for a written response on how the case will be followed up.
- Seek free guidance from LDO if you do not move forward.
- Complain to Diskrimineringsnemnda if the case is still not resolved.
Complain to Diskrimineringsnemnda
If the case is not resolved in the workplace, you can complain to Diskrimineringsnemnda. Diskrimineringsnemnda is a state administrative body that handles complaints about breaches of the Equality and Anti-Discrimination Act, and it costs nothing to have your case reviewed. You submit the complaint electronically with BankID, and Diskrimineringsnemnda can make a decision that discrimination has occurred, and can award compensation in employment relationships or damages in certain cases.
There is generally no fixed deadline for complaint, but cases that are more than three years old may be rejected by Diskrimineringsnemnda. The decision cannot be appealed further in the administration, but you can bring the case before the courts if you disagree.
Burden of proof: you do not need to prove everything yourself
Many hesitate to complain because they think they must prove the discrimination completely on their own. The law has a rule about shared burden of proof: if you put forward circumstances that give reason to believe that discrimination has occurred, the employer must demonstrate that discrimination has not occurred anyway. This rule lowers the threshold for you as the complainant, and is intended to strengthen your real protection.
If you have lost your job or are uncertain about your rights while the case is ongoing, NAV can provide guidance on financial support. If the discrimination concerns sexual orientation or gender identity, we have more on the subject in the article on LGBTQ+ rights in Norway.
Knowledge about rights and obligations in working life is also part of the curriculum for the Samfunnskunnskapsprøven. Practice for free on SamfunnPrep and become more confident about the rules that apply to you in Norwegian working life.
