THE BAN ON DISABILITY DISCRIMINATION IN THE LABOUR MARKET ACT

Part 1

Scope

1(1). According to this act discrimination refers to all direct or indirect forms of discrimination due to disability.

(2). Direct discrimination occurs when a person because of his or her disability is, has been, or would have been treated worse than another person in a comparable situation.

(3). Indirect discrimination occurs when a provision, characteristic or tradition that seems neutral results putting a disabled person in a disadvantageous position compared to another person except in cases where the relevant provision, characteristic or tradition is objectively based in a valid goal, and the measures taken to reach it are reasonable and necessary according to s 3.

(4). This act is not applicable to the extent that comparable protection against discrimination is established in an agreement on the labour market. 

Part 2

Prohibition Against Discrimination

2(1). It is illegal for an employer to discriminate his or her employees or job applicants in connection with employment, dismissals, transfers, promotions, wage brackets or employment terms.

(2). Terms and conditions for wages are discriminatory if the same wage is not given for the same work or for work of equal value.

(3). An employee who does not receive wages according to s 2(1), must be paid the difference.

3. It is illegal to advertise a position or vocational training for persons that are disabled or where disabled person are given an advantage. Neither is it legal to advertise that disabled persons are not desired.

4. Stipulations in individual or other agreements in the labour market as well as in the internal regulations of companies, etc., are invalid if they are incongruent with the ban against discrimination in s 2.

5. No exception to the stipulations in the act can be made that are disadvantageous to the employee. 

Part 3

Compensation, Examinations, etc.

6(1). Persons, whose rights are denied in that s 2 has been violated may be compensated.

(2). A person who has been treated disadvantageously or has had disadvantageous consequences because he or she has exercised their right to equal treatment according to s 2 may be compensated.

7(1). Violation of s 3 is penalised with a fine

(2) If the violation is committed by a company, an independent institution, a foundation or the like, a fine may be given to the legal entity as the one who is liable to punishment. If the violation is committed by the state, a municipality or a municipal association, which are covered by s 51 in the Municipalities Act, the liability to punishment may be laid on the state, the municipality or the municipal association.

8. Complaints regarding violation of the ban against discrimination according to this act and violation of the ban against punitive measures in s 6(2), are handled by the Equality Commission according to the Gender Equality Act. When the commission handles a complaint on violations of this act, the commission, in addition to the members set out in s 10 of the Gender Equality Act, should also include one representative from the Faroese Disability Organizations. This member and his or her deputy, will be appointed according to the regulation in s 10 in the Gender Equality Act.

Part 4

Entry into Force

 9. This act will enter into force the day after it has been announced.