GENDER EQUALITY ACT

 

Part 1

Purpose

1. (1) The purpose of this act is to eradicate all gender inequalities.

(2) However, it is not a breach of this act to ensure special rights to one of the genders in order to reach the goal of this act.

(3) Women and men are to receive equal opportunities in education, the workplace as well as in professional and cultural development.

Part 2

Operating Principle

2. It is illegal to discriminate, whether it is directly or indirectly, on the basis of gender.

Employment, etc.

 3. (1) An employer may not discriminate against his or her employees due to gender. Such discrimination is banned in e.g. employment, termination, job evaluations, wage brackets, transfers, promotions, furloughs, working conditions and privileges.

(2) An employer may not advertise a position in any way that suggests that one gender has an advantage except in cases where the position is indisputably gender specific. Furthermore, educational institutions may not recruit students in such a way that one gender has an advantage. In exceptional cases the Equality Commission may grant an exception.

(3) If an employee is dismissed or otherwise disadvantaged because he or she has exercised their rights according to s 3(1), he or she may receive compensation, corresponding to up to wages for 20 weeks. The compensation is set according to job seniority and context.

 

Equal Wages

4 (1). An employer shall pay women and men equally and provide equal benefits for the same work. This is also the case for work that is deemed to be of equal value.

(2) If an employee does not receive equal pay and/or equal benefit according to s 4(1), the difference shall be paid out to him or her and/or he or she shall be provided with the same benefits.

(3) If an employee is dismissed or otherwise disadvantaged because he or she has exercised their rights according to s 4(1), the employer must pay him or her compensation, corresponding to up to wages for 20 weeks. The compensation is set according to job seniority and context.

Equal Professional and Development Opportunities

5 (1). An employer who employs both women and men must provide them with equal opportunities in e.g. education, further education, retraining, attending courses or in any other activity that constitutes professional development.

(2) If an employee is dismissed or otherwise disadvantaged because he or she has exercised their rights according to s 5(1), the employer must compensate him or her according to the regulations set out in s 4(3).

Part 3

Time off Due to Parenting

6. (1) Employees have the right to time off work in connection with pregnancy, childbirth and after childbirth according to current legislation and/or agreement between the relevant union/person and employer.

(2) The same regulation is in effect in cases of adoption.

(3) An employee, who has right according to s 6(1) and 6(2) cannot be cut in his or her wages.

(4) If an employee is dismissed or disadvantaged in violation of s 6(1) and 6(2), the employer must compensate him or her for up to 50 weeks of wages. The compensation is set according to job seniority and context.

(5) If an employee is dismissed or otherwise disadvantaged during pregnancy, childbirth, after childbirth or while adopting, the employer must prove that that the termination was not due to these circumstances. 

Part 4

Educational Material

7(1). Educational material for the education and formation of children must be in accordance with the vision of equality set out in this act.

(2). Teaching, both academic and vocational, is to be prepared in such a way that both genders have equal opportunity to choose between the options the educational institution has on offer. 

Part 5

Committees and Boards

8(1) All committees, boards, representatives and the like, which the public administration appoints must be constituted in such a way that both genders are equally represented. This is also in effect for committees, boards, representatives and the like, which the parliament or municipal councils appoint when those who are appointed do not have to be members of parliament or a council.

(2). When exceptional cases call for it, the Equality Commission may grant exceptions in individual cases or for a profession. 

Part 6

The Equality Commission

9(1). The Equality Commission is a commission under the Faroese government. In addition to the duties set out in this act, the commission should work with the following:

  • monitoring that this act is upheld,

  • advising authorities, institutions, companies and individuals on equality issues,

  • making recommendations in equality issues.

10 (1). The Equality Commission has five members, which are appointed by the government on basis of recommendations from the following associations: one representing employees, one representing employers, one representing the Association of Women’s Rights Groups, one representing the school, health and social sectors, and one representing the government. The government representative is the chair.

(2). Deputy members are appointed as other members are according to s 10(1).

(3). The Equality Commission is appointed immediately after an election for that parliamentary period. Representatives can be re-elected.

(4). The Equality Commission can seek administrative help to complete the tasks set out in this act.

11 (1). People who believe they have been discriminated against due to their gender can submit a complaint to the Equality Commission.

(2). If the Equality Commission has reason to believe that it is a case of gender discrimination, the commission can take up the complaint.

(3). If issues related to public authorities and institutions are submitted to the Equality Committee, or if the commission takes up an issue on its own initiative, the authority or institution is obligated to hand over all necessary information.

(4). Labour unions and private employers are, as per s 11(3), obligated to submit all information to the Equality Commission that the commission deems necessary to elucidate the case.

(5). If the Equality Commission believes that a public institution, individual, association, company or the like are in breach of this act, the commission must within 14 days after it has finalised the case send a request to the concerned party to rectify the violation within two weeks.

(6). The government sets out further regulation on how cases are to be handled.

Part 7

Penalties and Legal Hearings

12(1). If the Equality Commission believes that there has been a breach of the law, and that the mandate according to s 11(5) has not had the desired result, the Equality Commission can

1) call on the prosecution to make an indictment,

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

3) bring the case before the court as a civil case, claiming that the practice is in violation of the law,

4) in cases involving a public authority or institution, appeal to the authorities over it to instruct the relevant authority or institutions to change their decision or practice. If this is not successful, s 12(1) to 12(3) are to be followed.

13(1). All agreements, which give employees worse conditions and rights than set out in this act, are completely or partly invalid.

§ 14(1). Breaches of s 3, s 4, s 5, s 6, s 8, s 11, and s 13 in this act are punished with fines, also if this is the demand in connection with a civil case.

(2). If the breach is committed by a limited company, a co-operative, institution, state, country, municipality or the like, the fine liability can be placed legal entity itself.

§ 15. This act enters into force on the day after it has been announced.