Institution's duty

Employers have a duty to work actively to promote equality and prevent discrimination, harassment, sexual harassment and gender-based violence.

A good learning and working environment is free from discrimination and harassment. A good working environment is able both to retain and attract skilled researchers and staff.

The Equality and Anti-Discrimination Act contains several provisions that universities, university colleges and research institutes must comply with, both as educational institutions and as employers, including Section 24 Activity duty of public authorities and duty to issue a statement and Section 26 Activity duty of employers.

You can read more about the following on this page:

• Employers' activity duty and duty to issue a statement
• The public authorities’ duty to promote equality
• Studies and surveys
• Sexual harassment

Employers' activity duty and duty to issue a statement (ARP)

Employers have a duty to promote equality and prevent discrimination and harassment, known as the activity duty and duty to issue a statement (abbreviated ARP in Norwegian) in the Equality and Anti-Discrimination Act.

For example, employers shall (extract from Section 26 of the Act):

• investigate whether there is a risk of discrimination or other barriers to equality
• analyse the causes
• implement measures suited to counteract discrimination and promote greater equality and diversity in the undertaking
• evaluate the results of efforts

Read more about ARP on the Equality and Anti-Discrimination Ombud (LDO) website (in Norwegian only).

The public authorities’ duty to promote equality

For the public sector – including universities and university colleges – this is a duty that complements employers’ activity duty and duty to issue a statement. It is known as the public sector’s duty to promote equality (abbreviated LOS in Norwegian).

Equality efforts must be documented and include at least the following:

1. What are the undertaking’s methods and objectives regarding equality?
2. What measures are being taken?
3. What methods are used to ensure equality and non-discrimination?
4. How are the results evaluated?
5. What are the expectations going forward?

Read more about the LOS duty on the LDO website (in Norwegian only).

Read more about laws and regulations at Kifinfo

Studies and surveys – an important tool

The student health and wellbeing survey (abbreviated SHoT in Norwegian) is conducted every four years and is the largest student survey with questions on issues such as bullying, sexual harassment and discrimination.

In 2023, the working environment and climate surveys (abbreviated ARK in Norwegian) for the higher education sector included questions about bullying and harassment for the first time.

The working environment survey in the institute sector (abbreviated AMIS in Norwegian) is organised by the Association of Norwegian Research Institutes (FFA) and is a survey that each individual institute carries out by agreement, with the assistance of the consultancy firm LEAD.

If one or more people report (sexual) harassment or discrimination anonymously – such as in an employee survey – this presents an excellent opportunity to address the issue within the organisation and work towards a better working environment.

The consequences of not asking staff, both administrative and academic, about bullying, discrimination and harassment may be that such issues do not come to light, because the threshold for reporting them becomes too high.

Silence about harassment and discrimination can be a problem, but so can not knowing where or how to report it, in our sector, as in others: No winners in whistleblowing cases

Read more about reporting systems at Kifinfo: Speak up!

Sexual harassment

Under the Equality and Anti-Discrimination Act, educational institutions have a duty to preclude and prevent sexual harassment. Academia is a hierarchical organisation with many unequal power dynamics. The student–supervisor relationship and the relationship between a PhD candidate and professor are just two examples.

The higher education sector and the research institute sector also have other characteristics that can contribute to sexual harassment going unnoticed. Academic freedom and the desire for autonomy may well be at odds with a management structure and system for monitoring staff.

Read more about sexual harassment

The Norwegian Labour Inspection Authority, LDO and social partners in the hospitality industry have produced a guide on preventing and addressing sexual harassment in the workplace. The campaign is primarily aimed at the hospitality industry, but is relevant to the wider labour market.

Six measures to prevent and address sexual harassment:

1. Map risk
2. Establish rules of conduct
3. Have procedures in place for handling cases
4. Violations must have consequences
5. Clear management responsibility
6. Talk about sexual harassment

Read more at sette strek (in Norwegian only) on the LDO website

Researchers remind us that sexual harassment often involves grey areas:
“It is the relationship that is most important, not the act itself. It is not the hand on the thigh that is the issue, but who is involved and what the relationship is like. It can be anything from pleasant to highly threatening.” (Quote, sociologist Hannah Helseth)

Read more about harassment and discrimination on Kifinfo