1. The Equality and Anti-discrimination Ombud - participation in ordinary employment for people with disabilites Lars Kolberg & Kristel Jüriloo

2. The Ombud - structure and organisation Established 1 January 2006 through the Anti- Discrimination Ombud Act Integrates three former offices Under the Ministry of Children, Equality and Inclusion An independent public administrative agency Operates free from the instruction of the Ministry

3. 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 Information Guidance to employers Information Forum Media Web Administration Human Resources Economy GuidanceCommunication Administration and HR Monitoring conventions CEDAW CERD CRPD Monitoring Reporting Public hearings

4. Likestillings- og diskrimineringsombudet LDO as a law enforcer An alternative to courts of law Free of charge Handles complaints about breaches of law Gives legal advice Also take on cases by own initiative Procedural features:  The principle of contradiction  Shared burden of proof: presumption/ rebuttal

5. Likestillings- og diskrimineringsombudet The Ombud’s statements of opinion –Not legally binding –No power to sanction our opinions –Statements can be appealed to The Equality and Anti-Discrimination Tribunal –Civil Courts can overrule

6. Likestillings- og diskrimineringsombudet The Anti-discrimination legislation Gender Equality Act 2013 Anti- Discrimination on Ethnicity Act 2013 Anti- Discrimination and Accessibility Act 2013 Anti- Discrimination Act on Sexual Orientation 2013 Working 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 only

7. Statistics 2014 Guidance: 1430 Complaints (resulting in decisions): 207 Majority of cases are connected to employment/working life Disability is the second most common discrimination ground in these cases

8. Number of complaints regarding disability

9. Complaints regarding disability

10. Number of inquiries regarding disability

11. Inquiries regarding disability

12. The Anti- Discrimination and Accessibility Act Main elements: –Prohibition of direct and indirect differential treatment –Exception if the differential treatment is legitimate, necessary and proportionate –Affirmative/Positive action

13. The Anti- Discrimination and Accessibility Act Main 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 diskrimineringsombudet

14. The Anti- Discrimination and Accessibility Act § 26 Right to individual accommodation Employees 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 diskrimineringsombudet

15. 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 diskrimineringsombudet

16. Paradox? Unemployment rate is much higher also w/ higher education 85-90000 persons with disability want to work. Many (state) employers are actively seeking persons with disabilities. Unsucsessful. Misfit?

17. What happens in recruitment?

18. Søker Intervju Intervju 2 Innstilt Tilbud Ansatt Discrimination – you have to discriminate between candidates in order to find one! Risk-averse employers => less diversity

19. What is the consequence? Bad for diversity –inequality / lack of diversity –some groups always underrepresented –Segregated and «clustered» labour market Bad for business –Homogenity – we are all the same –Less dynamics, less creativity etc. –Broad agreement on this in Norway

20. What employers are required to do Positive duty: –All employers* are required to promote equality combat discrimination on gender, ethnicity and disability * all public employers and private >50

21. What can employers do? Fight my inherent tendency to employ someone similar to me

22. Good recruitment… Find out what I need - really Assess applicants on whether they meet the actual qualifications for the position Choose candidates on the basis of these criterias – without a view to other aspects – age, gender, religion, disability… = Equal recruitment – good for diversity

23. Job analysis AdvertisingInterviewSelection

24. Positive action – in general Legal for all grounds - possibility –Restricted for men (only position w/child care) Promote equal opportunities, proportional, temporary Conditions: In national discrimination law In collective agreements, regulations etc.

25. Positive action Encourage to apply Selection to interview Preferential treatment in hiring –Weak and strong Trainee positions «What is legal has moderate effects. What works tends to be illegal»