Concern raised over childbirth-related discrimination

In its annual report for 2003, the Norwegian Gender Equality Ombud highlights an increasing number of applications for assistance from women claiming discrimination at work as a result of pregnancy or maternity leave. The Ombud will monitor developments in this area closely in future.

The main responsibility of the Gender Equality Ombud (Likestillingsombudet) is to enforce the Gender Equality Act. The Act covers equality between men and women in a number of areas, including working life, and was most recently revised in 2002 (NO0204101N). The Ombud must cater for the interests of both women and men. In its annual report for 2003, the Ombud points to an increasing workload in recent years. In the course of a five-year period the number of cases has doubled. In 2003, a total of 476 new cases were registered, half of which came from women and 30% from men. The remainder originated in organisations, or were brought to light by the Ombud itself. A total of 190 cases concerned working life, of which 74 involved discrimination on grounds of childbirth or maternity leave. Other cases considered involved issues relating to equal pay, vacancy adverts and appointments.

The Gender Equality Ombud is receiving more and more applications for help from women who claim that they have been discriminated against in working life as a result of childbirth or maternity leave. In many of these cases, the employees experience problems on their return to work following leave of absence after giving birth. According to the Ombud, it seems that women on leave are a particularly vulnerable group in connection with reorganisations and workforce reductions. These are disturbing developments, according to the Ombud, and indicate that working life has failed to comprehend the fact that society is very much dependent on women and men alike being able to combine their role as a parent with their role as an employee. The Gender Equality Ombud concludes that it will monitor developments in this area closely in future. In Norway, a majority of women with small children are employed and parents are together entitled to a year of paid parenthood-related leave. Absence from work due to leave in connection with childbirth may not be used as a reason for dismissal or redeployment, and employees enjoy particular protection in relation to the paid part of the leave period.

Since 2003, employers have had a duty to promote gender equality (the 'activity duty') and a duty to report on the gender equality situation in the company in their annual reports (the 'report duty') (TN0402101S). Public authorities are also vested with such a duty to promote gender equality within their jurisdiction. The Gender Equality Ombud spent much of 2003 clarifying the new demands placed on companies, providing information about the legal changes and establishing control systems and mechanisms. The Ombud will carry out systematic controls to make sure that companies comply with their obligations in this area. It has already evaluated the gender equality situation in the various governmental ministries. According to the new rules, ministries are to report on the situation in the annual state budget. The Ombud states that only three out of 17 ministries can be said to have provided satisfactory reports.

In its annual report, the Gender Equality Ombud also highlights other matters of importance which it considered in the course of 2003. For example, it considered the extent to which universities and advanced colleges have introduced guidelines to prevent sexual harassment of student and employees. The Ombud also banned vacancy adverts with the intention to recruitment women only, against the backdrop of a January 2003 European Free Trade Association (EFTA) Court ruling that that a position may not be made vacant and reserved for a particular sex, even for the purpose of promoting gender equality (NO0302102N).