COMPLAINT PROCEDURE

When the Equality Commission processes a complaint, requests for comments are sent out. The respondent, e.g. the management of a workplace, and the complainant are given insight into all the material in the case for which comments are requested.

When the Equality Commission deems that sufficient light is shed on the case and is ready for a decision, the commission finalises the case based on the recommendation from the commission’s legal counsel.

TYPES OF DECISIONS THE EQUALITY COMMISSION CAN TAKE

The Equality Commission may come to the decision that there is no basis for the commission to make a decision. In such cases, the complaint will be rejected.

The Equality Commission may also decide against the complainant, and then the commission does not proceed with the case.

If the Equality Commission decides in favour of the complainant, the commission shall send a request to the respondent to correct the breach of the law.

If the respondent does not comply, the Equality Commission can:

  • call on the prosecution to make an indictment

  • recommend that the person whose rights have been violated receive free legal aid in a compensation case

  • bring the case before the court on its own initiative

  • in cases involving a public authority or institution, appeal to the authority over it to instruct the relevant authority or institutions to change their decision or practice

 An in-depth explanation on current procedures and requirements, see “Leiðbeiningini um viðgerð av klagum hjá javnstøðunevndini, dagfest 11. januar 2023” (only in Faroese)