Etnisk diskriminering i arbetslivet - ett svåråtkomligt problem
Etnisk diskrimineringBevisbördaArbetsledningsrättDONormativa förändringsprocesser.Juridical scienceRättsvetenskapJuridikLaw and Political Science
Racial discrimination is a highly topical and burning issue, of special interest in working life. Most researchers agree on that discrimination is a problem in the Swedish labour market. To counteract the ongoing discrimination, a new Anti-Discrimination Act was founded in 1999. The Racial Discrimination Act although appears to be ineffective on the basis of legal usage. Of all the legal cases about racial discrimination in the labour market, there has only been one sentence of guilty stated by the Swedish Labour Court. The purpose of this essay is therefore: to analyse and find the reasons for why there has only been one sentence of guilty about racial discrimination in the labour market stated by the Swedish Labour Court. This essay is jurisprudential and based on traditional juristic method together with some elements of social science theories. Seventeen verdicts between the years of 1997 and 2006 has been analysed to find out about the jurisprudential reasons for why sixteen of them has been verdict of not guilty. The information from legal usage is completed with juridical and social science theories. These theories are about why it is difficult to find employers guilty of racial discrimination. In the essay?s sixth chapter five main reasons are presented to why racial discrimination is difficult to reach through legislation. These main reasons are: poor plaintiff production of evidence, the employer?s right to rule, the Swedish jurisprudential system, Swedish Labour Court traditions and the gap between the legislator?s purpose and reality. Chapter six to that includes a discussion about the rule of the burden of proof, which is beneficial for the plaintiff. There is also a discussion about the consequences of the imbalance between the verdicts of guilty and not guilty. The essay?s last chapter discusses possible changes of the present Anti-Discrimination Legislation. For instance the proposals of affirmative action, a united Anti-Discrimination Act, anti-discrimination clauses during public purchase and the proposals from the newly published public investigation called the Black Book of Integration. To sum up, it is concluded in the essay that the Racial Discrimination Act, in spite of the beneficial rule of burden of proof, is a blunt instrument for stopping racial discrimination in the labour market. One of the reasons is the employer?s right to rule which ?counteract? the court?s usage of anti-discrimination rules. Another reason is that there is a gap between the aim of the legislator and reality, which makes the legislator?s purpose seem unrealistic. Furthermore, the Swedish jurisprudential system is not fully adjusted to international human rights legislation. To change standards in society is hard, and much of the ongoing racial discrimination is structural and ?invisible?. A noticeable change of the ongoing racial discrimination in working life demands a change of society as a whole.