What Counts as Discrimination and Offensive Treatment?

Conflicts and unfair treatment are not the same as discrimination. Disagreements, differences of opinion, and temporary difficulties in collaboration can occur in any group. These situations are not necessarily discrimination, harassment, or victimisation/offensive treatment.

In everyday language, the term discrimination is often used to describe unfair treatment. However, under the law, more is required for an act to be considered discrimination. Three conditions must be met:

• A person has been disadvantaged or subjected to offensive treatment.
• There is a connection to one of the protected grounds of discrimination.
• The incident falls within one of the legally defined forms of discrimination.

Protected Grounds of Discrimination

The Discrimination Act prohibits differential treatment that is connected to any of the following protected grounds:

• Sex

  Refers to a person being a woman or a man. Protection also applies to individuals who intend to change, are undergoing, or have changed their legal gender. According to the Swedish Equality Ombudsman, the concept includes both biological sex and gender identity during gender transition.

• Gender Identity or Gender Expression

  Refers to situations where a person does not identify as a woman or a man, or expresses their gender in a way that differs from the sex assigned at birth, for example through clothing, hairstyle, or mannerisms.

• Sexual Orientation

  Protection applies regardless of whether a person is heterosexual, homosexual, bisexual, pansexual, asexual, or queer. No one's sexual orientation may result in less favourable treatment in education or working life.

• Ethnicity

  Refers to national or ethnic origin, skin colour, language, or other similar characteristics. Since everyone belongs to at least one ethnic group, discrimination on this ground can affect many different groups of people.

• Religion or Other Belief

  Includes both religious beliefs (such as Christianity, Islam, Judaism, Buddhism, and Hinduism) and non-religious beliefs (such as atheism or agnosticism). Political opinions or ethical values without a connection to a religion or belief system are not covered.

• Disability

  Refers to permanent physical, mental, or intellectual impairments that limit a person's functional capacity and may result from injury, illness, or other causes. Temporary limitations are not considered disabilities under the Act.

• Age

  Refers to a person's age, regardless of whether they are younger or older. Age must not be used as a reason for less favourable treatment.

• Read More

  Read more about the grounds for discrimination at Swedish Equality Ombudsman DO.se

Forms of Discrimination

The Swedish Discrimination Act describes six forms of discrimination. An incident is considered discrimination if it falls within one of these categories.

You can read more about the different forms of discrimination on the website of the Swedish Equality Ombudsman (DO).

• Direct Discrimination

  When a person is treated less favourably than someone else in a comparable situation because of a protected ground of discrimination.

• Indirect Discrimination

  When a seemingly neutral rule, policy, or procedure disadvantages a particular group in practice.

• Inadequate Accessibility

  When a person with a disability is not given the opportunity to participate on equal terms with others, despite reasonable accommodations being possible.

• Harassment

  Unwanted conduct that violates a person's dignity and is connected to one or more protected grounds of discrimination.

• Sexual Harassment

  Unwanted conduct of a sexual nature that violates a person's dignity. Unlike harassment, no connection to a protected ground of discrimination is required.

• Instructions to Discriminate

  When someone is instructed, encouraged, or ordered to discriminate against another person, for example by someone in a position of authority.

Victimisation and Offensive Treatment

Not all unpleasant situations constitute discrimination under the law, but they may still be serious. Victimisation and offensive treatment refer to repeated or clearly disrespectful behaviours that can create a negative work or study environment.

The regulations of the Swedish Work Environment Authority primarily apply to employees, but the University also has responsibility for students' study environment. This means that we must address situations where a student feels subjected to offensive treatment, such as bullying, social exclusion, or similar behaviours.

Power Techniques

Power techniques are ways of diminishing, controlling, or silencing someone within a group. Recognising these behaviours can make it easier to respond when we ourselves, or others, are subjected to them.

Examples of Common Power Techniques

• Making Someone Invisible

A person's contributions are ignored, interrupted, or overlooked.

Counter-strategy: Highlight the person's contribution, give them space to speak, and acknowledge what they are saying.

• Withholding Information

Some people receive important information while others do not.

Counter-strategy: Share information openly and ensure that everyone concerned is included.

• Ridicule

A person's ideas, efforts, appearance, or way of expressing themselves are mocked or belittled.

Counter-strategy: Make it clear that the behaviour is unacceptable and show support for the person being targeted.

• Double Bind

Whatever the person does is considered wrong because the expectations placed upon them are contradictory.

Counter-strategy: Point out the unreasonable expectations and clarify what is realistically expected.

• Blame and Shame

A person is made to feel responsible for something that is not their fault.

Counter-strategy: Shift the focus back to the behaviour in question and place responsibility where it belongs.

• Objectification

A person is reduced to their appearance or body rather than being recognised as an individual.

Counter-strategy: Redirect the conversation to the issue at hand and the person's perspective, competence, or contribution.