Facts Discrimination Act and unlawful discrimination
Discrimination and unlawful discrimination are not the same thing. That’s why it is important to find out which fits your situation so that you turn to the right agencies for help.
You are discriminated against if someone treats you worse than another person in the same situation. In order for it to be prohibited by law, the different treatment has to happen because of sex, transgender identity or expression, ethnicity, religion or other belief system, disability, sexual orientation or age.
Advice Unlawful discrimination or the Discrimination Act
The only people who can be convicted of unlawful discrimination are business owners and people who arrange public gatherings/events (like outdoor concerts, demonstrations and markets). It is more common for situations of discrimination to fall under the Discrimination Act.
Advice Exposed to a crime under the Discrimination Act
If you're certain that your situation falls under the Discrimination Act, you should file a report to the discrimination ombudsman and not the police. Contact a discrimination agency for support and help.
Advice Gather digital evidence
Document and save everything that can be used to investigate what has happened.
Advice Block and protect your social media
Advice Ask for help to deal with cyber hate!
You're not alone. If you want help dealing with cyber hate in the comment section, contact the facebook group #jagärhär to get help and support from the good forces at work for a good and open internet climate.
Advice If you are not listened to
If you are not listened to, there are many special interest organizations that work specifically with the grounds of discrimination or minority perspectives. Move forward and seek support from these organizations, you are not alone! It's common that minority perspectives are not understood, this is called gaslighting.
Our support page is organized based on different issues, check out who you should contact
Advice Why are you exposed?
If you suspect that it is happening because of who you are based on race/ethnicity, religion, sex, transgender identity or expression, disability, sexuality or age – it can be unlawful discrimination, sexual harassment, a hate crime or hate speech.
Advice Here's how you create accessible information for everyone on the internet
Download The Swedish Agency for Participation’s checklist on how to make information accessible for everyone, regardless of disability. On page three, there is a checklist for websites and online services.
What is the legal difference between the Discrimination Act and unlawful discrimination?
Discrimination is prohibited both in criminal law (the Penal code) and civil law (the Discrimination Act). Simply put, criminal law deals with how the state, through punishment, prevents individuals from doing things — while civil law is about disputes between “private legal entities,” like private people, organizations, and companies.
If a company is charged with unlawful discrimination according to the Penal code, the court decides how the company will be punished. If an employer discriminates against someone according to the Discrimination Act, the person can sue the employer in court and claim damages.
The rules of unlawful discrimination and the Discrimination Act partly overlap, but they also have different purposes and have different consequences for the person who is discriminating.
If you have been discriminated against, you can contact the police, the Anti-Discrimination Ombud or an anti-discrimination agency for help determining if the discrimination is a crime according to the rules of unlawful discrimination, or if it falls within the Discrimination Act.
Advice Employers have investigative responsibility for your work that is online
If you experience mistreatment in your work, your employer always has investigative responsibility. File a report right away. Refer to the labor law. Support and help.
Advice Cyber hate as a result of membership in an organization or association, report!
As a member of an organization or an association, they have the responsibility for you and the cyber hate that can occur as a result of the membership. If they don't have action plans for the internet, they should deal with that right away.
Organizations can get help with this work
If you aren't heard, there is support and help to continue this process
Advice Schools have the responsibility to investigate, even on the internet!
Report directly to the school and contact your guardians. Even if they think it is bullying, it can be harassment according to the law. Make sure you get the right support and investigation.
Advice Harassment (bullying) can be discrimination
If it happens because of who you are based on race/ethnicity, religion, sex, transgender identity or expression, disability, sexuality or age – it can be unlawful discrimination, sexual harassment, a hate crime or hate speech.
Who can be convicted of unlawful discrimination?
The only people who can be convicted of unlawful discrimination are business owners and people who arrange public gatherings/events (like outdoor concerts, demonstrations and markets). For someone to be charged with unlawful discrimination, the person must have discriminated against you on purpose.
It should also be “beyond a reasonable doubt” that you have been discriminated against. The requirement for evidence is high, and convictions are uncommon. If you suspect that you have been unlawfully discriminated against, you should contact the police.
Discrimination Act is easier to use
The Discrimination Act applies to more situations and the requirement for evidence is lower. It is therefore more common for discrimination to be examined using the Discrimination Act than using the rules of unlawful discrimination in the Penal code.
The Discrimination Act applies in the labor market, in school, labor market political organizations, memberships in employee organizations, employer organizations or professional organizations, sales of goods, services, and housing, healthcare, social services, social security systems, unemployment insurance, student aid, military service and public employment.
In the Anti-Discrimination Act, there is no requirement for the person who is discriminating against you to be doing so on purpose. You may therefore be entitled to damages, even if they did not mean to discriminate against you. You should contact a discrimination agency (or the Anti-Discrimination Ombudsman), and not the police, when you are discriminated against under the Discrimination Act.
Discrimination Ombudman’s website
Contact a discrimination agency
Advice Support after unlawful discrimination
You have the right to a support person under this process. Contact Victim Support Sweden.
Advice Take your mental health seriously
Put your mental health first. Sometimes, it can be important to take a break from social media accounts. Let someone else take care of or clear out your social media.
Not all experiences of discrimination are covered by the law
Being exposed to different types of marginalization is psychologically stressful. It also happens in more ways than what is covered by Swedish legislation.
Make Equal adds three grounds of discrimination when we map and investigate equality: socioeconomic status (class), geography - where you live (in the countryside, in the city, on the outskirts of the city, etc.), and private life. Even if your situation is not protected by law, the experience is no less offensive or serious.
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