Ethnic Discrimination

The office of the Ombudsman against ethnic discrimination is also a State authority and was founded in 1986. The task of the Ombudsman Against Ethnic Discrimination is to work to prevent ethnic discrimination in all areas of society. The Ombudsman's efforts to counter discrimination in working life are based on the Act on Measures Against Discrimination in Working Life.

The Ombudsman is required by law to investigate, and ultimately take to court, cases of discrimination reported by individuals and to monitor whether employers are actively attempting to create ethnic diversity at the workplace. Outside the field of working life, however, the Ombudsman cannot independently take a case to court. Protection against ethnic discrimination in other areas of society is provided by Section 16, § 9 of the Criminal Code. The Ombudsman's tasks in other areas are governed by the Act on the Ombudsman Against Ethnic Discrimination.

Some of the cases dealt with by the Ombudsman go to conciliation, which also applies to the other Ombudsmen. In such cases, the Ombudsman and/or the trade union concerned reach an agreement with the employer. Sometimes, this provides a better solution for the individual who has reported the case than would be provided by a judgement in the Labour Court.

Two examples of cases that went to conciliation in 2002 are presented below.
An associate professor and medical specialist at the clinic for thoracic surgery at the Sahlgrenska University Hospital in Gothenburg reported his employer to the Ombudsman. The doctor felt that he was the victim of ethnic discrimination after being passed over during the appointment of six senior posts in 2002. Following contacts between the Swedish Medical Association (Gothenburg Medical Society) and the employer, an agreement was reached under which the doctor has now been appointed to a senior post at the clinic.
When an 18-year old, male, adopted child was interviewed for a summer job with a municipal eldercare unit, questions were asked and comments were made about the colour of his skin and hair. Initially, he was not given the job on the grounds that he lacked experience. After reporting the case to the Ombudsman, however, he was offered a job with the unit.
Together with the job applicant and the employer, the Ombudsman reached an agreement under which the municipality apologised for behaving in an offensive manner, drew up guidelines on how employment interviews should be conducted and paid the job applicant SEK 30 000 in damages.

The Ombudsman can also take independent action even though a case report has not been submitted, for example when several separate reports indicate a pattern of ethnic discrimination or when the Ombudsman learns of a case that may set an important principle.
People who feel that they are victims of ethnic discrimination can report this in writing to the Ombudsman. This does not have to be a formal letter. The important thing is to make clear who is making the report and why, what the person making the report wants the Ombudsman to do and why he or she believes that this is a case of ethnic discrimination. The report does not have to be in Swedish.
In 2002, 668 cases of ethnic discrimination were reported to the Ombudsman. Just under half of these related to working life while the remainder concerned various sectors of Swedish society. The Ombudsman also took independent action in 151 cases.

Ms Katri Linna is the Ombudsman Against Ethnic Discrimination.
Address, telephone and e-mail:
DO
Drottningg. 89, 10361 STOCKHOLM,
Tel: 08 - 508 887 00
E-mail: do@do.se
www.do.se