Historic ruling on compensation for gender discrimination

For the first time in history, the Anti-discrimination Tribunal has awarded a remedy for non-economic loss and compensation for gender discrimination in the workplace.

The case concerned a female applicant for a position as a cosmetic nurse. After being offered the job, the applicant informed the clinic that she would be going on maternity leave in three months. Later that day, she received an email informing her that the clinic did not have the resources to train her for three months before she went on maternity leave.

The Anti-discrimination Tribunal evaluated Section 29 of the Equality and Anti-discrimination Act and considered whether there were circumstances that gave "reason to believe" that discrimination had taken place. The clinic's reasoning for why the applicant could not take up the position was directly linked to her going on maternity leave, which gave reason to believe that discrimination had occurred.

The Anti-discrimination Tribunal decided that the clinic had discriminated against the applicant based on her gender. The tribunal also highlighted that pregnant jobseekers need not disclose their pregnancy. The applicant was awarded NKr50,000 in remedy for non-economic loss and NKr75,000 in compensation.

For further information on this topic please contact Ole Kristian Olsby or Nina Elisabeth Thjømøe at Homble Olsby | Littler by telephone (+47 23 89 75 70) or email (olsby@homble-olsby.no or net@homble-olsby.no). The Homble Olsby | Littler website can be accessed at www.homble-olsby.no.