The Likestillings- og diskrimineringsloven (2018) is Norway's principal anti-discrimination statute. This article explains its scope, key obligations, and enforcement mechanisms.
Overview
Norway's principal anti-discrimination statute is the Likestillings- og diskrimineringsloven (Equality and Anti-Discrimination Act), which entered into force on 1 January 2018. It consolidated four previous acts:
Likestillingsloven (Gender Equality Act)
Diskrimineringsloven om etnisitet (Ethnicity Discrimination Act)
Diskrimineringsloven om seksuell orientering (Sexual Orientation Discrimination Act)
Diskriminerings- og tilgjengelighetsloven (Discrimination and Accessibility Act — the previous main disability law)
The 2018 act is supplemented by the Arbeidsmiljøloven (Working Environment Act), which contains specific provisions on working conditions, adaptation, and dismissal protection.
The act was enacted pursuant to the Prop. 81 L (2016–2017), which contains the government's legislative rationale, and draws on the work of the Graverutvalget (NOU 2009:14).
Protected Characteristic: Nedsatt Funksjonsevne
The protected disability characteristic under the act is nedsatt funksjonsevne — literally "reduced functional ability." This is a deliberately broad term that includes:
Physical disabilities and mobility impairments
Sensory impairments (visual, hearing)
Chronic illness and conditions (including cancer, diabetes, HIV)
There is no severity threshold or duration requirement analogous to those found in some other national laws. The focus is on the relationship between functional limitation and disadvantage in employment or other protected areas.
Scope of the Act
The act applies to:
Employment (recruitment, terms and conditions, promotion, dismissal, references)
Vocational training and education
Membership of organisations
Goods and services
Housing
Public activities
There is no employer size threshold — the obligations apply to all employers regardless of size.
Forms of Prohibited Discrimination
Direct Discrimination (§ 7)
Treatment that is less favourable to a person because of nedsatt funksjonsevne than to a person without that characteristic in a comparable situation. Direct disability discrimination cannot be justified (unlike indirect discrimination).
Indirect Discrimination (§ 8)
A neutral provision, practice, or criterion that puts persons with nedsatt funksjonsevne at a particular disadvantage. Indirect discrimination can be justified if it pursues a legitimate aim and is proportionate and necessary. The burden of proof shifts to the employer once discrimination is made probable.
Harassment (§ 13)
Actions or statements that have the purpose or effect of causing offence to a person due to nedsatt funksjonsevne, and which create a hostile, degrading, or intimidating environment.
Instruction to Discriminate (§ 14)
It is prohibited to instruct another person to discriminate.
Private enterprises directed at the general public (businesses offering products or services to the public)
This means that the main solutions for the physical environment, ICT, and service delivery must be designed to be usable by the widest possible range of people, including persons with disabilities.
Digital services: The obligation to ensure digital accessibility for public bodies and private enterprises directed at the public has been operationalised through separate regulations (Forskrift om universell utforming av IKT) that require compliance with WCAG 2.1 Level AA (Web Content Accessibility Guidelines). This regulation is administered by the Digitaliseringsdirektoratet (Digdir).
Physical premises: Physical accessibility standards are primarily addressed through the Plan- og bygningsloven (Planning and Building Act) and technical building regulations (TEK17).
Section 22 imposes a duty on employers to make individual adaptation (individuell tilrettelegging) for employees and job applicants with nedsatt funksjonsevne, unless it imposes a disproportionate burden (uforholdsmessig byrde).
What must be adapted: The adaptation must be effective — it must actually reduce or eliminate the disadvantage caused by the functional limitation. Examples include:
Modified working hours or schedule
Remote working arrangements
Ergonomic equipment or assistive technology
Changes to role responsibilities or tasks
Physical accessibility of the workspace
Changes to policies (e.g., absence management, assessment procedures)
Proportionality factors: In assessing whether an adaptation imposes a disproportionate burden, the following are relevant:
The effectiveness of the adaptation in reducing disadvantage
The cost of the adaptation
The size and financial resources of the enterprise
The extent to which public funding (NAV support, wage subsidy, workplace adaptation grants) is available to reduce the cost burden
The duration of the adaptation need
The availability of NAV funding — particularly workplace adaptation grants (tilretteleggingstilskudd), wage subsidies (lønnstilskudd), and funksjonsassistanse — is explicitly relevant to the proportionality assessment. Employers cannot argue disproportionate burden for costs that NAV would cover.
Enforcement
Likestillings- og diskrimineringsombudet (LDO)
The LDO (Equality and Anti-Discrimination Ombud) is the primary guidance body:
Provides free guidance to both complainants and employers
Issues non-binding opinions on whether discrimination has occurred
Cannot impose compensation or penalties
Website: ldo.no
Diskrimineringsnemnda
The Diskrimineringsnemnda (Anti-Discrimination Tribunal) has full adjudicatory powers:
Free proceedings for complainants
Can issue binding decisions including orders to cease discriminatory practices
Can award compensation (oppreisning) in employment cases — typically NOK 40,000–200,000 depending on severity
Handles approximately 300–400 cases per year, of which disability cases are a significant proportion
Decisions are published and publicly searchable at diskrimineringsnemnda.no
Burden of Proof Reversal (§ 37)
Once a complainant makes it probable that discrimination has occurred, the burden shifts to the employer to prove that the treatment was not due to nedsatt funksjonsevne (or that it was justified). This reversal of the evidential burden is important in practice and makes claims procedurally more accessible.
Courts
Discrimination cases can also be brought in the ordinary courts (Tingretten and upward). Courts can award both oppreisning (non-pecuniary compensation) and erstatning (pecuniary damages). However, court proceedings are more costly and slower than the Diskrimineringsnemnda route.
Five Practical Employer Tips
Act before a request: The adaptation duty is partly anticipatory — employers should proactively consider whether their recruitment processes, working conditions, and physical environment are accessible, not only react when an employee raises a specific need.
Document the dialogue: When an adaptation request is made, document the discussion, the options considered, and the decision. Good documentation protects the employer in the event of a complaint and demonstrates good faith.
Explore NAV funding first: Before concluding that an adaptation is too costly, check what NAV support is available. Workplace adaptation grants, wage subsidies, and funksjonsassistanse can substantially reduce the cost burden.
Do not assume permanent incapacity: An employee's current functional limitation may be temporary or variable. Avoid making employment decisions based on assumptions about future work capacity rather than current demonstrated inability.
Recruitment processes: Ensure that application forms, assessment tests, interview arrangements, and selection criteria do not inadvertently disadvantage candidates with functional limitations. Offer to make adjustments to assessment processes.
Sources
Lovdata: lovdata.no — Likestillings- og diskrimineringsloven (LOV-2017-06-16-51)
LDO (Likestillings- og diskrimineringsombudet): ldo.no
Diskrimineringsnemnda: diskrimineringsnemnda.no
NOU 2009:14:Et helhetlig diskrimineringsvern. Oslo: Graverutvalget
Prop. 81 L (2016–2017): Lov om likestilling og forbud mot diskriminering. Oslo: Barne- og likestillingsdepartementet
Hellum, A. & Ketscher, K. (2018):Diskriminerings- og likestillingsrett. Oslo: Universitetsforlaget