This thesis aims to analyze when ethnic discrimination can be allowed during a recruitment process, as well as how and when positive discrimination is encouraged in a recruitment process. The thesis uses the legal framework for discrimination and presents cases from the Swedish labour court to give an idea of how the labour court judges in these types of cases. In addition, different parts of a recruitment process, what an employer's rights and obligations are during a recruitment process are described. Furthermore, the thesis sheds light on what positive discrimination is and how it can be used to achieve goals or desired results in a workplace. A legal dogmatic method is used throughout to address ethnic discrimination and positive discrimination during a recruitment process. Cases and draft law are used to reach conclusions on how the ban on ethnic discrimination limits an employer's right to recruit whomever they want but also what positive discrimination means for an employer. The study shows that employers must be very specific in their requirements and what they search for in a potential employee when recruiting. Thus, employers cannot make whatever requirements they want. In addition, it becomes clear that an employer can abscond substantially from the responsibility of ensuring that no discrimination should occur by highlighting personal suitability. When it comes to positive discrimination it becomes clear that as an employer you need to work after a plan to reach equality to be able to use positive discrimination as a tool when requiting. Furthermore, it is clear that there are certain criteria that must be met in order for positive discrimination to be considered okay, something that the Court of Justice pursue is the principle of proportionality, i.e. that the purpose must be proportionate to the object. In addition, it is also important that an objective assessment is made in each case.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:lnu-108779 |
| Date | January 2021 |
| Creators | Groves, Patrick |
| Publisher | Linnéuniversitetet, Institutionen för organisation och entreprenörskap (OE) |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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