Discrimination on the Grounds of Sexual Orientation

The Ombudsman against discrimination on the grounds of sexual orientation is appointed by the government and works to prevent discrimination on the grounds of sexual orientation in all areas of Swedish society. Discrimination on the grounds of sexual orientation means any violations of an individual's rights, or insulting or abusive treatment, that relate to the individual's homosexuality, bisexuality or heterosexuality.

It should be noted that transsexuality/transsexualism is not a question of sexual orientation but of gender identity and does not therefore fall under the responsibility of the Ombudsman.

The Ombudsman works mainly on the basis of three different laws or statutes. Discrimination in working life on the grounds of sexual orientation is governed by the Act Prohibiting Discrimination in Working Life on the Grounds of Sexual Orientation. Discrimination on the grounds of sexual orientation in the field of higher education is governed by the Equal Treatment of Students at Universities Act.
In accordance with the Statute of Instructions for the Ombudsman Against Discrimination on the Grounds of Sexual Orientation, the Ombudsman must also work to prevent such discrimination in all other areas of society.

In 2002, some 30 cases of discrimination were reported to the Ombudsman, whose job it is to make decisions or recommendations on these cases. Sometimes, the Ombudsman can demonstrate that individuals have been treated differently because of their sexual orientation, but this is not always the case - far from it!

Two cases that were reported last year are described below.
A company signed an occupational pension agreement comprising premium- exemption and health insurance for all its employees. Skandia, the insurance company, approved premium-exemption and health insurance for all the employees without an HIV test, except for the person who reported the case and a colleague who has a foreign background. A medical certificate that the reporter of the case sent to the insurance company states that he is homosexual. Skandia therefore demanded that he take an HIV test.
In his decision on this case, the Ombudsman wrote that it appears probable that Skandia's demand for an HIV test arises from the information that the individual concerned is homosexual. Skandia, on the other hand, claimed that it was a question of a general health assessment. In the opinion of the Ombudsman, a demand for an HIV test in connection with an insurance application solely or mainly on the grounds that the applicant is homosexual is to be regarded as discrimination on the grounds of sexual orientation.
In the second case, a woman reported that she had called a cable-television company's customer service centre on several occasions to order gay films on a "pay-per-view" basis. On each occasion she was told that the company does not show pornographic films, despite the fact that this was not at all what she had asked for.

She was also asked about her sexual orientation, and several times the service centre simply cut her off. The company in question had no gay films, and despite her repeated requests it did nothing to change its programming. She was therefore extremely offended and felt that this was a clear case of discrimination.

The Ombudsman informed the woman that there was no legal scope to influence the programming of the cable-television company, but that the company's treatment of her could be punishable law under the regulations on unlawful discrimination.
As the woman has not been in touch again, the Ombudsman has taken no further action on the case.

Hans Ytterberg is the Ombudsman Against Discrimination on the Grounds of Sexual Orientation, HomO. The authority was founded on 1 July 1999.

Cases of discrimination can be reported on forms obtained from the Ombudsman at:
HomO
Drottninggatan 89, Stockholm
Tel:08-508 887 80
E-mail: homo@homo.se
http://www.homo.se