‍According to the Discrimination Act, the employer has the responsibility to work with active measures. This work includes, for example, preventing sexual harassment and conducting pay equity analysis. But what requirements do the law demands on you as an employer? Here are the things you need to keep an eye on!

Is discrimination never encountered in your workplace? Well, good for you! This is how everyone should feel. But unfortunately, this is not usual case. Many of us, at some point, will experience discrimination at work. It can be about discrimination based on gender, ethnicity, or age to name a few. As an employer, you are responsible to work continuously with active measures. This includes that the employer ensures these four steps within seven grounds of discrimination divided into five different areas.

The work with active measures takes place in four steps:

1. Investigate risks and obstacles

What are the risks of discrimination? The survey must be throughout the overall level. You can, for example, go through employee surveys, interviews, policies and documents, attitudes, the latest pay equity analysis, etc.

2. Analyze causes

What are the risks? Are the risks linked to one or more grounds for discrimination? The employer shall analyze and reflect on the causes of all risks and identify obstacles.

3. Take measures

Take the preventive measures which are reasonably required. Ask questions like “what should be done”, “who is responsible” and “when should the measures be carried out”?

4. Monitor and evaluate

The last step involves monitoring and evaluating the investigation, analysis, and measures taken. How was the result? Did the measures have the desired effect? Do we need to do anything more?

Five different areas

The work with active measures must be done in five areas. In each area, it must be examined whether there may be risks of discrimination and whether there are obstacles to equal rights and opportunities for all. The analysis must include all grounds for discrimination and be carried out at a general level. The work is continuous and dynamic and must be based on the organization’s conditions and what the business looks like. Employers are required to continuously apply this four-step approach above within the following five areas:

• Working conditions
• Provisions and practices regarding pay and other terms of employment
• Recruitment and promotion
• Education and training, and other skills development
• Possibilities to reconcile gainful employment and parenthood.

Don’t forget collaboration and documentation

The work with active measures must take place in collaboration with the employees, and they must be involved throughout the work process. For organizations with at least 25 employees, the report on active measures must be documented. Here you can find which points must be reported in the documentation requirement.

Source: DO

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