Consequences for those who break the law

The Equality and Anti-Discrimination Ombud shall be a real alternative to the courts. Handling of a complaints case by the Ombud is free and normally takes less time than the courts would have taken to process the case.

When the Ombud has concluded that there has been a breach in the law, the party responsible is obliged to rectify their conduct in accordance with the Ombud’s statement. The Ombud’s statements are however not legally binding in the way a court judgement is. Even if the Ombud cannot order a party to rectify their conduct in accordance with the Ombud’s statements, we still see that most opt to rectify their conduct in accordance with the statement.

The Ombud cannot impose any sanctions as a result of breaches of the law if the responsible party chooses not to take any heed of the statement. However, the case can be further appealed at the Equality and Anti-Discrimination Tribunal. The Ombud also encourages the party responsible for breaching the law to arrive at a voluntary solution with the complainant and to provide financial compensation.

The Equality and Anti-Discrimination Tribunal cannot impose the sanctions or rectification, cessation or daily penalties. If the Ombud’s statement is upheld by the Tribunal, the Tribunal can issue an order to the effect that the employer must raise your wages or change a discriminatory practice, for instance. The tribunal can in some cases impose daily penalties on a party if the responsible party does not make adjustments in accordance with the tribunals’ decision.

An order to pay compensation for breach of the prohibition on discrimination can only be imposed by the ordinary courts.