Extent of Protection
The Gender Equality and Anti-Discrimination Act declares that women and men shall receive equal pay for work of equal value. The rule applies to all sorts of remuneration, such as bonus and overtime payments. Discrimination in compensation based on grounds other than discrimination on gender, is regulated by the general prohibition against discrimination.
An employee who suspects discrimination in pay-setting, may demand that the employer provide written confirmation of the pay level and the criteria for the setting of the pay for the person or persons with whom the worker is making a comparison
Remedies
An employee challenging an equal pay practice may file a claim with the Norwegian Anti-Discrimination Tribunal. The Tribunal handles the cases on the basis of written statements from the parties. The Tribunal may decide that the illegal practice comes to an end and/or decide that the employee is entitled to compensation for the unlawful practice. The decision of the Tribunal may be subject to legal proceedings for the ordinary courts.
Enforcement/Litigation
There has not been significant litigation or enforcement concerning equal pay practices in Norway.
Other Requirements
There are several requirements related to the employer’s active equality efforts. All employers shall, in their operations, make active, targeted and systematic efforts to promote equality, prevent discrimination on the basis of gender, including equal pay. Employers with more than 50 employees, shall issue a statement on the actual status of gender equality in the undertaking and what the undertaking is doing to comply with the activity duty. The statement shall be issued in the annual report or another document available to the general public. Further, employees of an undertaking and their representatives, the Anti-Discrimination Tribunal, the Equality and Anti-Discrimination Ombudsman and researchers, shall have a right to disclosure of documentation relating to equality work.
