Compensation for discrimination in The Norwegian Anti-Discrimination Tribunal
For the first time in history, The Norwegian Anti-Discrimination Tribunal has awarded 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, she informed the clinic that she was going to 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 going 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 woman 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 the woman based on her gender. They also pointed out that pregnant jobseekers are not obliged to disclose pregnancy. The woman was awarded NOK 50 000 in remedy for non-economic loss and NOK 75 000 in compensation.