The Equal Opportunities Ombudsman

The Office of the Equal Opportunities Ombudsman is a State authority that began monitoring equal rights for men and women in working life in 1980. The Ombudsman now also monitors whether students in higher education have equal rights irrespective of gender.

The legislative basis for the supervisory work of the Ombudsman is the Equal Opportunities Act, which has two central parts. First, the Act requires all employers to work actively to defend and promote equal opportunities and, second, it prohibits gender discrimination and sexual harassment at the workplace. The content of the Equal Treatment of Students at Universities Act is similar.
 
The tasks of the Ombudsman include consultation on, and the examination of, the employers' work on equal opportunities, providing information on the Equal Opportunities Act and its application, and investigating reports of gender discrimination in working life.

Together with the Ombudsman Against Ethnic Discrimination, the Disability Ombudsman and the Ombudsman Against Discrimination on the Grounds of Sexual Orientation, the Equal Opportunities Ombudsman also supervises the universities and colleges.
 
One example of the Ombudsman's work is a case of sexual harassment that led to a judgement in favour of the plaintiff in the Labour Court last year. A casino company was ordered by the Court to pay SEK 80 000 in damages to a woman (Maria) who was employed for a trial period but was dismissed after her immediate supervisor (Uno) exceeded his authority.
 
In the case, reference was made to Section 22 of the Equal Opportunities Act which forces an employer to carefully investigate, and take action on, claims of sexual assault or molestation. The Act stipulates that employers must draw their own conclusions, it is not enough for them to simply juxtapose the different versions of the parties involved.
 
Maria's version, which the Court found to be credible, was that Uno had repeatedly molested her in hotel rooms during business trips and sexually assaulted her on several other occasions. Uno's advances were usually made with the excuse that Maria needed guidance and supervision, as Uno felt that she lacked the skills required to perform the occupation she was there to learn.
 
The management of the company took Maria's story seriously and had a serious discussion with Uno, but the Court felt that this was not enough. The dismissal was judged to be a reprisal, and the fact that no concrete measures were taken to change the situation that had arisen meant that the company was ordered to pay damages to Maria.

Equal Opportunities Ombudsman Claes Borgström
He can be contacted in order to report cases at:
JämO
Box 3397
103 68 Stockholm
Fax: 08-21 00 47
For further information call: 08-440 10 60
E-mail: info@jamombud.se
www.jamombud.se