Laws and regulations

Norway has a progressive statutory framework that seeks to prevent differential treatment and promote gender equality. Extracts from relevant legislation are compiled below.

The Equality and Anti-Discrimination Act entered into force on 1 January 2018, replacing four previous acts.

Read more about:

• Equality and Anti-Discrimination Act
• Working Environment Act
• University and University College Act
• Basic Agreement for the Civil Service

Act relating to equality and a prohibition against discrimination (Equality and Anti-Discrimination Act)

Section 1. Purpose

The purpose of this Act is to promote equality and prevent discrimination on the basis of gender, pregnancy, leave in connection with childbirth or adoption, care responsibilities, ethnicity, religion, belief, disability, sexual orientation, gender identity, gender expression, age or other significant characteristics of a person.

«Equality» means equal status, equal opportunities and equal rights.

This Act has the particular objective of improving the position of women and minorities. 

Section 6. Prohibition against discrimination

Discrimination on the basis of gender, pregnancy, leave in connection with childbirth or adoption, care responsibilities, ethnicity, religion, belief, disability, sexual orientation, gender identity, gender expression, age or combinations of these factors is prohibited. «Ethnicity» includes national origin, descent, skin colour and language.

«Discrimination» means direct or indirect differential treatment.

Section 11. Permitted positive differential treatment

Positive differential treatment on the basis of factors specified in section 6, first paragraph, is permitted if:
a. the differential treatment is suited to promote the purpose of this Act,
b. the negative impact of the differential treatment on the person or persons whose position will worsen is reasonably proportionate in the view of the intended purpose, and
c. the differential treatment will cease when its purpose has been achieved.

Section 13. Prohibition against harassment

Harassment on the basis of factors specified in section 6, first paragraph, and sexual harassment, are prohibited.

«Harassment» means acts, omissions or statements that have the purpose or effect of being offensive, frightening, hostile, degrading, humiliating or troublesome.

«Sexual harassment» means any form of unwanted sexual attention that has the purpose or effect of being offensive, frightening, hostile, degrading, humiliating or troublesome.

Employers and managers of organisations and educational institutions shall preclude and seek to prevent harassment and sexual harassment in their area of responsibility.

Section 24. Activity duty of public authorities and duty to issue a statement

Public authorities shall in all their activities make active, targeted and systematic efforts to promote equality and prevent discrimination as specified in section 6. This duty shall include an obligation for public authorities to preclude harassment, sexual harassment and gender-based violence, and to counter stereotyping.

Public authorities shall issue a statement on what they are doing to integrate considerations relating to gender and non-discrimination into their work. Public authorities shall describe what they are doing to convert equality and non-discrimination principles, procedures and standards into action. Public authorities shall provide an assessment as to what has been achieved as a result of these efforts, and outline expectations with regards to future efforts in this area. The statement shall be provided in the annual report, another report issued annually or another document available to the general public.

Section 26. Activity duty of employers

All employers shall, in their operations, make active, targeted and systematic efforts to promote equality, prevent discrimination on the basis of gender, pregnancy, leave in connection with childbirth or adoption, care responsibilities, ethnicity, religion, belief, disability, sexual orientation, gender identity, gender expression or combinations of these grounds, and shall seek to prevent harassment, sexual harassment and gender-based violence. Such efforts shall encompass the areas of recruitment, pay and working conditions, promotion, development opportunities, accommodation and the opportunity to combine work with family life.

All public undertakings, regardless of size, and private undertakings that ordinarily employ more than 50 persons shall, in the context of their operations:
a. investigate whether there is a risk of discrimination or other barriers to equality, including by reviewing pay conditions by reference to gender and the use of involuntary part-time work every two years,
b. analyse the causes of identified risks,
c. implement measures suited to counteract discrimination and promote greater equality and diversity in the undertaking, and
d. evaluate the results of efforts made pursuant to a) and c).

The same shall apply to private undertakings that ordinarily employ between 20 and 50 persons if requested by the employees or employee representatives.

Section 26a. Duty of employers to issue a statement

Employers with obligations pursuant to section 26, second paragraph, shall issue a statement on the actual status of gender equality in the undertaking and what the undertaking is doing to comply with the activity duty pursuant to section 26.

The statement pursuant to the first paragraph shall be issued in the annual report or another document available to the general public. If the statement is issued in another document available to the general public and the undertaking has a duty to issue an annual report, the annual report shall specify where the document can be found in a form available to the general public. Public undertakings which are not subject to a duty to prepare an annual report shall include the statement pursuant to the first paragraph in another report issued annually or another document available to the general public.

The statement shall be formulated such that no personal circumstances of individual employees are revealed. The results of the pay review shall be included in the statement in anonymised form.

Employees of the undertaking and their representatives, the Anti-Discrimination Tribunal, the Equality and Anti-Discrimination Ombud and researchers shall have a right to disclosure of the results of the pay review, including when the results cannot be anonymised. The information may only be disclosed to the extent necessary to investigate whether unlawful differential treatment is occurring in connection with the setting of pay.

Section 26b. Employer’s disclosure duty relating to equality work

Employees of an undertaking and their representatives, the Anti-Discrimination Tribunal, the Equality and Anti-Discrimination Ombud and researchers shall have a right to disclosure of documentation relating to equality work. If the disclosed documentation contains information which can be linked to an individual employee’s pay, ethnicity, religion, belief, disability, sexual orientation, gender identity or gender expression, the recipient of the information shall be made subject to a duty of confidentiality and shall sign a confidentiality declaration. This shall not apply to information which is public pursuant to the Freedom of Information Act.

The information may only be disclosed to the extent necessary to investigate whether the employer has complied with its activity duty and duty to provide documentation pursuant to section 26 of the Equality and Anti-Discrimination Act.

Section 34. Equal pay for work of equal value

Women and men in the same undertaking shall receive equal pay for the same work or work of equal value. Pay shall be set in the same way, without regard to gender.

Read more: Equality and Anti-Discrimination Act

Act relating to working environment, working hours and employment protection, etc. (Working Environment Act)

Section 13-1. Prohibition against discrimination

(1) Direct and indirect discrimination based on political views, membership of a trade union, or age is prohibited.

(2) Harassment and instruction to discriminate against persons for reasons referred to in the first paragraph are regarded as discrimination.

(3) The provisions of this chapter shall apply correspondingly in the case of discrimination of an employee who works part-time or on a temporary basis.

(4) In the case of discrimination based on gender, pregnancy, leave of absence in connection with childbirth or adoption, care responsibilities, ethnicity, religion, belief, disability, sexual orientation, gender identity or gender expression, the Equality and Anti-Discrimination Act shall apply.

Read more: Working Environment Act

Act relating to universities and university colleges (University and University College Act)

Section 5-4. Gender balance requirement

Private universities and university colleges are to be regarded as public bodies in accordance with section 28 of the Equality and Anti-Discrimination Act on gender balance in public committees.

Section 7-1. Gender equality

Universities and university colleges shall actively, purposefully and systematically pursue gender equality, other equality and prevent discrimination, cf. section 26 of the Equality and Anti-Discrimination Act.

In the event of a clear gender imbalance within a category of teaching and research positions, individuals contributing to a more balanced composition shall be particularly encouraged to apply. If applicants are equally or almost equally qualified, emphasis shall be placed on achieving gender equality.

Section 10-1. The learning environment at universities and university colleges

Universities and university colleges shall ensure that the learning environment at the institution is sound based on an overall assessment of the students’ health, safety and welfare.

Section 10-3. Duty to prevent and stop harassment and sexual harassment

Universities and university colleges shall work to prevent and stop harassment and sexual harassment in the learning environment, cf. section 13, sixth paragraph, of the Equality and Anti-Discrimination Act.

Section 10-4. Right to report issues of concern and prohibition against retaliation

Students have the right to report issues of concern at the university or university college. Retaliation against students who report issues of concern is prohibited.

Read more: University and University College Act

Basic Agreement for the Civil Service

Chapter 8.31, Section 31. Gender equality

The following of some of the main provisions in the Basic Agreement for the Civil Service regarding gender equality in working life:

The employer is responsible for initiating, implementing and reporting on gender equality measures in the agency. The adjustment agreement shall contain provisions concerning gender equality:

• competence-building measures, such as measures to ensure that women are assigned tasks of a competence-building character on an equal footing with men, particularly with a view to managerial responsibilities,
• measures to ensure gender-neutral criteria for fixing of salaries and such practice of these criteria as promotes gender equality,
• provisions concerning positive differential treatment.

Advertising of posts:
The advertisement text for posts shall be drafted with a view to recruiting applicants of both genders. In categories of post where one of the genders is underrepresented, the advertisement text should include an invitation to members of the underrepresented gender to apply for the post.

In managerial posts where women are underrepresented, the advertisement text shall include an invitation to women to apply for the post. The elected union representatives shall be given the opportunity to comment on the advertisement text before the vacancy is announced.

Gender quotas:
If two or more applicants to a vacant post have approximately equivalent qualifications for the post, applicants from the gender that is underrepresented in the category of post concerned shall be given preference. The gender that comprises less than 40 percent of the employees in the category of post concerned is regarded as underrepresented.

Read more: Basic Agreement for the Civil Service (in Norwegian)